Update on Homeland Security's "No-Match" Rule
Posted by Nancy G. Berner
The Department of Homeland Security ("DHS") recently responded to Judge Charles M. Breyer’s preliminary injunction halting implementation of the “no match” program. As discussed in prior blog entries, this proposed program would require employers to verify employee Social Security numbers and fire workers whose numbers do not match official records.
DHS has decided to take a multi-pronged approach. Sometime in early 2008, DHS intends to issue a supplemental rule, presumably addressing Judge Breyer’s concern that DHS’s current rule fails to analyze the economic impact on employers. Additionally, last week DHS filed an appeal asking the Ninth Circuit to review and overturn the District Court’s injunction. DHS has also filed a motion with the District Court, asking Judge Breyer to delay his final ruling on a permanent injunction on the no-match rules until March 24, 2008; that motion will be heard on Dec. 14th.
Clearly, this is a rapidly changing area of law, and one of considerable interest to employers. Additional information will be posted as it becomes available. In the interim, please contact us directly to discuss any questions relating to the effect these developments may have on your workplace.