Judge Further Delays Implementation of "No Match" Rule
Posted by Nancy G. Berner
United States District Court Judge Charles R. Breyer has extended a temporary restraining order that prevents the Department of Homeland Security from implementing a rule requiring employers to fire employees after they receive notices from the Social Security Administration ("SSA") of discrepancies between the employees’ names and social security numbers (so-called “no match” letters). According to the rule, if an employer cannot resolve such a mismatch within 90 days, it is required to fire the employee or risk prosecution for employing illegal immigrants.
The rule – originally scheduled to go into effect on September 14, 2007 – was challenged by a coalition of immigration and labor groups (including the American Civil Liberties Union, the AFL-CIO and the United States Chamber of Commerce), which claimed that the SSA's records are filled with errors that could lead to numerous legal workers, including American citizens, being unfairly fired. The coalition initially obtained a temporary restraining order on August 31st; after concluding that there was no immediate harm to the government, but a “potentially enormous burden on the employer,” Judge Breyer extended that restraining order for 10 additional days. A final ruling will be issued within 10 days to determine whether or not the previously enacted rules will be implemented.
Please contact us directly to discuss any questions relating to the effect this ruling may have on your workplace.