Log in Subscribe Join Grass Roots Action

DHS Issues Supplemental Proposed Rule For No-Match Letters Focuses on Employer Guidance

Monday, March 24, 2008

(American Meat Institute)

The U.S. Department of Homeland Security (DHS) released its Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007. 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. It provides 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.

DHS says that the rule does not create new legal obligations for businesses. It 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, 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.

The original No-Match Notice of Proposed Rule Making was published on June 14, 2006, and the comment period was open for 60 days. The department then incorporated the comments and issued a final rule on August 15, 2007. DHS is requesting public comment on the Supplemental Proposed Rulemaking for 30 days after its publication in the Federal Register.

To see a full copy of the Supplemental Proposed Rule, click here:  http://www.dhs.gov/xlibrary/assets/press_nomatch-snprm.pdf

 share on facebook  share on twitter