Immigration Alert: Lawsuit Suspends Implementation of Recently Revised "No-Match" Rules

9/14/2007

On August 23, 2007, we published an Immigration Alert describing revised regulations related to the hiring or continued employment of unauthorized aliens in the United States. These regulations describe the legal obligations of an employer when the employer receives a “no-match” letter from the Social Security Administration (SSA) or receives a letter regarding the immigration status document or employment authorization document from the Department of Homeland Security (DHS) (usually as a result of an I-9 audit). These regulations further describe the affirmative steps an employer must take in order to establish a “safe harbor” from the legal liability that may attach when the employer has “constructive knowledge” that it is employing an unauthorized alien. (For additional information please see our previous Alert available here.)

These regulations were set to take effect on September 14, 2007. However, pursuant to a lawsuit filed by the AFL-CIO, the ACLU and the National Immigration Law Center (NILC) on August 31, 2007 questioning the legality of these regulations, the U.S. District Court for the Northern District of California has issued a temporary restraining order (TRO) against DHS, SSA, and their “officers, agents, servants, employees, and attorneys…from giving any effect to or otherwise taking any action to implement the Final Rule adopted by the Department of Homeland Security entitled ‘Safe-Harbor Procedures for Employers Who Receive a No-Match Letter.’” A hearing is scheduled for October 1, 2007 to determine whether a preliminary injunction should be issued. Accordingly, implementation of the revised “No-Match” regulations has been suspended until this dispute is resolved. SSA officials have been enjoined from sending out any “no-match” letters pending the outcome of this lawsuit.

We will send an updated Alert as soon as more information is available.

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If you would like more information on any immigration
matter, please contact your immigration attorney
at Mintz Levin or go to www.mintz.com.

Susan Cohen
617.348.4468 | SCohen@mintz.com

Jeffrey Goldman
617.348.3025 | JGoldman@mintz.com

Reena Thadhani
617.348.3091 | RThadhani@mintz.com

William Coffman
617.348.1890 | WCoffman@mintz.com

Brian J. Coughlin
617. 348.1685 | BJCoughlin@mintz.com

Lorne Fienberg
617.348.3010 | LFienberg@mintz.com

Marisa Howe
617.348.1761 | MHowe@mintz.com

Bethany S. Mandell
617.348.4403 | BSMandell@mintz.com

Daniel Maranci
617.348.1885 | DMaranci@mintz.com