Update on No-Match Letters

DHS recently issued Supplemental Final Rule concerning No-Match Rules

The Department of Homeland Security (DHS) issued a Supplemental Final Rule regarding the department’s No-Match Rule last week. “The additional information in this supplemental rule addresses the specific items raised by the Court, and we expect to be able to quickly implement it,” said Homeland Security Secretary Michael Chertoff. 

The original DHS regulation issued in August 2007 as a Final Rule was stayed following a preliminary injunction issued by the U.S. District Court for the Northern District of California. DHS will request the District Court injunction be lifted so that implementation of the rule can proceed.

The No-Match Rule gives employers steps to take when they receive a “no match” letter from the Social Security Administration, which if followed show the employer acted reasonably and protects them from violations of the Immigration and Nationality Act.