The U.S. Department of Homeland Security has released a Supplemental Proposed Rulemaking for the No-Match Rule previously issued Aug. 15, 2007. In October, a federal judge blocked DHS’s initial attempt to require employers to fire workers whose names don’t match their Social Security numbers.
The new rule supplement issued Friday provides a more detailed analysis of how DHS developed the original No-Match policy and will help responsible employers ensure that they are not employing unauthorized workers.
"We are serious about immigration enforcement,” says Homeland Security Secretary Michael Chertoff. “The No-Match Rule is an important tool for cracking down on illegal hiring practices while providing honest employers with the guidance they need."
The supplement addresses three grounds on which the district court based its injunction. “We have also filed an appeal and are pursuing these two paths simultaneously to get a resolution as quickly as possible," Chertoff added.
The rule does not create new legal obligations for businesses. It simply outlines clear steps an employer may take in response to receiving a 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, including 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.
To read the entire 44 page document, follow this link. DHS is requesting public comment on the Supplemental Proposed Rule for 30 days after its publication in the Federal Register.