Judge Puts Brakes On New 'No-Match' Enforcement Rules
Just when you thought you were starting to understand your responsibilities around the new rules for verifying employees' eligibility to work in the U.S., a federal judge has temporarily suspended the Department of Homeland Security (DHS) plans to enforce them, issuing a temporary restraining order that stops mailing of “no-match” letters that would have begun today and preventing the rules from taking effect until at least October 1.
U.S. District Court Judge Maxine Chesney issued a temporary restraining order on August 31, 2007 , after attorneys for the American Civil Liberties Union, AFL-CIO, National Immigration Law Center and other labor and immigration-rights groups filed a lawsuit in the U.S. District Court for the Northern District of California.
The groups argued that the new DHS rules will lead to widespread discrimination against foreign-born workers — and that many employers will simply fire immigrants rather than follow the new procedures. The lawsuit contends that DHS and the Social Security Administration (SSA) don't have statutory authority to use Social Security records to enforce immigration laws.
In mid-August, DHS published final regulations providing guidance to employers on how to respond to no-match letters. No-match letters typically come from the SSA, letting employers know that one of their employees has provided a Social Security number that doesn't match his or her name.
The new rules provide what DHS calls a “safe harbor” for employers — follow the rules and employers could protect themselves from charges that they had knowingly hired illegal immigrants.
Last week's lawsuit requested delaying implementation of the regulations until a federal court can rule on their legality. The restraining order prevents any enforcement before October 1, 2007 , when another federal judge is expected to consider a permanent injunction. I'll keep you updated as the plot thickens!
By Leslie Philbrook , MBA, SPHR, Business Consulting Practice Leader |
