HR Management & Compliance

Immigration: Court Postpones No-Match Rule

Several weeks ago, we reported on a new rule issued by the Department of Homeland Security (DHS) describing the steps an employer must take when it receives a “no-match” letter from DHS or the Social Security Administration. The regulation was slated to go into effect on Sept. 14, 2007.

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But now a federal court in San Francisco has temporarily halted implementation of the rule until Oct. 1, 2007. A restraining order was sought by the AFL-CIO and other unions, arguing that U.S. immigration laws don’t give the government the authority to require additional verification after hiring, beyond the routine I-9 Form process.

On October 1, another federal court will consider whether to extend the injunction until the unions’ case can be tried. We’ll keep you posted.

Additional Resources:

Department of Homeland Security Safe-Harbor Procedures for Employers Who Receive a No-Match Letter

More articles on Immigration