DHS Issues Final Supplemental Rule Regarding No-Match Letters

23 Oct 2008

The Department of Homeland Security (DHS) issued a Supplemental Final Rule earlier today that gives additional information regarding their No-Match Rule. This rule, which was originally proposed in June 2006 and published as a final rule in August 2007, provides clarification for the steps responsible employers should take to resolve discrepancies they see in ‘No-Match’ letters issued by the Social Security Administration. In addition, the rule helps these employers comply with legal regulations that aim to stem the employment of unauthorized workers in the U.S.

There had been a pause in the implementation of this rule due to a preliminary injunction issued by a U.S. District Court last year. A supplemental proposed rule addressing concerns raised in the injunction was published earlier this year by DHS. DHS plans to return to that District Court shortly to request that the injunction be removed.

"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 Michael Chertoff, Secretary, Department of Homeland Security. "The No-Match Rule, along with E-Verify, will increasingly make the pleas of ignorance from businesses that seek to exploit illegal labor ring hollow, and equip their responsible competitors with the tools they need to hire and maintain a legal workforce."