Judge Halts Implementation of New "No-Match" Letter Rules

9/7/07

On August 31, 2007, a federal district judge in California issued a temporary restraining order prohibiting the Department of Homeland Security (DHS) from implementing new regulations regarding "no-match" letters issued by the Social Security Administration (SSA). AFL-CIO v. Chertoff. The new rules require employers who receive "no match" letters from the SSA to take certain steps or risk liability for knowingly employing illegal aliens. Further information regarding the new rules is available here.

 

http://www.franczek.com/publications/archives/labor_and_employment/2007/082407.html

 

The August 31 order was issued in a lawsuit, filed on August 28 by several labor and immigrant rights groups, including the AFL-CIO, the National Immigration Law Center, and the American Civil Liberties Union. In addition to blocking implementation of the rules, the order bars the SSA from sending out "no match" letters including a warning from the DHS to employers. The SSA was scheduled to send out the first set of such letters to employers on September 4. The temporary restraining order is effective nationwide. It is expected to remain in place until at least October 1, when the court will hold a hearing to determine whether it should issue a preliminary injunction, which could remain in effect until the lawsuit is fully resolved. The plaintiffs seek an injunction permanently blocking the rules.

 

Employers are advised to monitor this case, as the new "no-match" rules will likely go into effect within a relatively short time period if the current injunction is lifted.