DHS Releases New “No Match Rule”

On Friday, the U.S. Department of Homeland Security (DHS) released a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007. According to DHS, 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. “We are serious about immigration enforcement. The No-Match Rule is an important tool for cracking down on illegal hiring practices while providing honest employers with the guidance they need,” said Homeland Security Secretary Michael Chertoff. “This supplement specifically addresses the 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.”

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.

For the DHS Press Release and link to the amended rule, click here.

The Washington Post reports on the amended rule and criticism. BusinessWire concludes that the “announcement by the Department of Homeland Security (DHS) calls for the nation’s employers to police for undocumented workers and moves employers to the forefront of the debate on illegal immigration. Under the new regulations, DHS will use the Social Security Administration’s (SSA) No-Match Letter program to drive employers to resolve social security number (SSN) and W-2 discrepancies or face criminal and civil proceedings.”

KJ