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

On October 10, 2007, the United States District Court for the Northern District of California issued an order granting the motions by the American Federation of Labor and other organizations for a preliminary injunction barring the Department of Homeland Security ("DHS") from implementing its final rule, entitled "Safe-Harbor Procedures for Employers Who  Receive a No-Match Letter", that was promulgated on August 15, 2007.  The precise form of the injunction remains to be worked out between the parties and the Court.   At this point, it appears that the Court has not enjoined the Social Security Administration ("SSA") from continuing to issue "No-Match" letters, but has prohibited the DHS from attaching its proposed warnings to the SSA letters or otherwise taking any steps to implement its "Safe-Harbor" rule.  As a result of the Court's action, that employers  now are not  legally required to follow the protocol that DHS established  in the rule for addressing the receipt of "No-Match" letters.   Employers should, however, develop and implement their own protocol for handling "No-Match" letters since the Immigration and Customs Enforcement agency still looks at employer responses to those letters, among other things, in determining whether IRCA and work site violations have occurred.

Stay tuned for further developments.

This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company.

© 2007 Epstein Becker & Green, P.C