The Justice Department is suing Loveland-based Crop Production Services on a claim that it discriminated against American job applicants by hiring Mexicans instead.

The lawsuit names three Americans who say they were passed over for the seasonal jobs operating farm equipment in favor of foreigners with H-2A visas, also known as guest workers.

The Justice Department accuses Crop Production Services of violating provisions of Immigration and Nationality Act that forbid employers from discriminating against Americans.

In addition, the H-2A visa program requires employers to try to hire qualified American workers before seeking out foreign guest workers.

Crop Production Services is the first corporation sued under a Trump administration policy encouraging a preference for hiring Americans and for purchasing American products and services.

President Donald Trump issued an executive order April 18 directing the Justice Department to more strictly enforce Hire American and Buy American laws and regulations.

“The Justice Department will enforce the Immigration and Nationality Act in order to protect U.S. workers as they are the very backbone of our communities and our economy,” Attorney General Jeff Sessions said in a statement. “Where there is a job available, U.S. workers should have a chance at it before we bring in workers from abroad.”

Justice Department officials said they sued after negotiations for a settlement failed with Crop Production Services.

The government attorneys accused a New Mexico onion farm of similar employment discrimination against Americans earlier this year but they settled out-of-court in May.

The lawsuit is filed in a special court for immigration issues called the Office of the Chief Administrative Hearing Officer. It seeks back pay for the plaintiffs, fines and remedial actions by Crop Production Services to “correct and prevent discrimination.”

The American workers are considering joining five other job applicants for a separate lawsuit against the company in federal court. They are represented by the nonprofit public interest law firm of Texas RioGrande Legal Aid.

“People prefer to hire the guest workers because they’re so easily exploitable,” said Dave Mauch, a Texas RioGrande Legal Aid attorney.

Often guest workers are subjected to wage theft that American workers would not tolerate, he said. The foreign workers rarely complain because they fear losing their jobs and being blacklisted for future H-2A visas.

They could not expect to earn the same wages in Mexico, Mauch said.

Crop Production Services was paying the workers at its El Campo, Texas, plant $11.15 an hour for an eight-month project. The work included spraying crops with pesticides and operating tractors.

“We’re just asking for the amount of money they’re out because they didn’t get the job,” Mauch told Colorado Politics.

The plaintiffs say most of the American workers had more job experience than the Mexicans.

The dispute arose after Crop Production Services sought technicians for 15 jobs at its rice breeding plant in El Campo last year. All the jobs were given to foreign seasonal workers.

The American applicants said the job screening was more rigorous for them than the Mexicans. It included background checks as well as tests for drugs and English proficiency.

However, the Mexican employees were allowed to begin work before the screening was completed, the Justice Department lawsuit says. Some of the Mexicans did not speak English.

Crop Production Services said in a statement that it “is not able to comment on it as it is an active legal matter. (Crop Production Services) is reviewing the allegations and determining its response.”

Crop Production Services is one of the largest agricultural products and services companies in the United States. It operates more than 900 farm and distribution centers, employing about 10,000 workers.