ABC - DHS Granted Extension to Review No-Match Rule

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DHS GRANTED EXTENSION TO REVIEW NO-MATCH RULE (06/24/2009)

The U.S. District Court for the Northern District of California June 15 extended the time period for the Department of Homeland Security (DHS) to respond to plaintiff’s motions and oppositions in the lawsuit challenging the “no-match” rule. DHS requested the extension in order to provide time to complete the review of the enforcement policy and the rule, and to review the comments from employers expressing concern about the adverse impact the rule could have.

Under the no-match rule, the Social Security Administration (SSA) must issue a notice to employers when an employees’ name does not match the social security number. The DHS first issued the final rule on no-match procedures in August 2007, but a coalition of business groups, labor organizations and immigrant rights groups challenged the rule in court. As a result, an injunction was issued and SSA suspended the distribution of employer no-match letters until the lawsuit was resolved.

According to the June 10 request for extension by DHS, the department is evaluating its options including amending the rule or repealing it. The extension is in place for 30 days until July 10.

For more information, contact Bob Hirsch at ABC, Hirsch@abc.org.