Special Immigration Alert: New DHS Rule

A federal district court judge in the Northern District of California has temporarily enjoined the August 15, 2007 rule issued by the Department of Homeland Security ("DHS") that defined a "Safe Harbor" protocol for employers who receive "No-Match" letters from either the DHS or the Social Security Administration ("SSA"). These procedures were outlined in the Special Immigration Alert that we distributed on August 15, 2007.

According to the Court's order, the parties challenging the DHS rule "raised serious questions as to whether the new [DHS rule] is inconsistent with the [immigration laws] and beyond the statutory authority of [DHS] and the [SSA]" to promulgate. The effective date of the new DHS rule had been September 15, 2007. The Court's order enjoins the DHS and SSA from enforcing the rule, or issuing any 'No-Match' letters under the rule, pending the preliminary injunction hearing, which presently is scheduled to take place on October 1, 2007.