Homeland Security Publishes Guidance Regarding No-Match Letters

The U.S. Department of Homeland Security (DHS) just released a Supplemental Proposal Rulemaking for the No-Match Rule issued in August of last year. This supplemental document provides detailed information about how DHS developed the No-Match rule and gives responsible employers guidance on how to make sure they are not employing unauthorized workers.

The rule gives employers clear steps to take after receiving a letter from the Social Security Administration (SSA) stating that an employee’s name does not match the social security number on file with SSA. If an employer follows certain actions to rectify this ‘no-match’, within 90 days of receiving the letter, they will be provided with a safe harbor from DHS and the no-match letter will not be used against them in any future enforcement.

“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 Michael Chertoff, Secretary, DHS. “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.”

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