Special Immigration Alert: Court Extends Order That Enjoins Government from Implementing Social Security “No-Match” Rule

Following the preliminary injunction hearing on October 1, 2007, the United States District Court for the Northern District of California extended for 10 days the order that temporarily enjoined the government from putting into operation the August 15, 2007 Department of Homeland Security (DHS) rule. The order also enjoins the Social Security Administration from sending notifications to approximately 140,000 employers across the country notifying them of the new rule, which would affect about eight million workers.

Under the new DHS rule, employers who receive "no match" letters could be forced to fire employees whose Social Security Administration discrepancies are not fixed within 90 days after the "no-match" letter is received. If the employer does not reply to a "no-match" letter, the DHS may find that the employer had "constructive knowledge" that an employee was not authorized to work in the U.S. and institute civil and/or criminal action against the employer.

Stay Tuned.