DHS Issues Supplemental Final Rule on Responding to No-Match Letters
Last week, the Department of Homeland Security issued a Supplemental Final Rule regarding the procedures employers should follow in responding to “no-match” letters from the Social Security Administration. Employers may recall that last year a federal judge in the Northern District of California enjoined implementation of the DHS’ no-match rule. This Supplemental Final Rule was crafted in response to the injunction in an effort to address the court’s concerns. The Supplemental Final Rule provides explanation and background for the DHS’ no-match rule, but does not substantively change the procedures previously proposed by the DHS for responding to no-match letters. The DHS has stated that “in the coming days” it will be appearing before the Northern District of California to request that the injunction be lifted so that implementation of the rule may proceed. To read the DHS press release regarding the Supplemental Final Rule, click here. To read our past blog entry explaining the no-match rule, see our August 15, 2007 entry under New Laws and Legislation.