Safe-Harbor Procedures for Employers Who Receive a No-Match Letter, Final Rule

Final Rule

The final rule amends the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulation outlines clear steps an employer may take in response to receiving a no-match letter from the Social Security Administration indicating that an employee’s name does not match the social security number on file.

If the business follows the guidance in the No-Match Rule, comprising various actions to rectify the no-match within 90 days of receiving the letter, they will have a safe harbor from the no-match letter being used against them in an enforcement action.

• Safe-Harbor Procedures for Employers Who Receive a No-Match Letter, Final Rule issued August 15, 2007

Notice

On August 31, 2007, the U.S. District Court for the Northern District of California issued a temporary restraining order in AFL-CIO, et al. v. Chertoff, et al. (N.D. Cal. Case No. 07-CV-4472 CRB). The temporary restraining order against the Department of Homeland Security and the Social Security Administration enjoins and restrains those agencies from implementing the Final Rule entitled "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter."

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Supplemental Proposed Rulemaking

This rulemaking addresses three issues cited in a decision of the U.S. District Court for the Northern District of California enjoining the August 2007 No-Match Rule. This Supplemental Proposed Rulemaking provides a more detailed analysis of how DHS developed the No-Match policy and will help responsible employers ensure that they are not employing unauthorized workers.

• Safe-Harbor Procedures for Employers Who Receive a No-Match Letter, Supplemental Proposed Rule

Comment Period

The comment period on this supplemental proposed rule closed on April 26, 2008. View the rule and posted comments at regulations.gov. Reference Docket # ICEB-2006-0004.

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