Wyatt Employment Law Report

DHS No-Match Safe Harbor Rule Crashes in the Bay

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By Glen Krebs

In October 2007 Judge Charles Breyer of the Northern District of California enjoined the implementation of a Department of Homeland Security (DHS) rule regarding safe harbor procedures for employers who receive a No-Match letter from the Social Security Administration (SSA).  On August 19, 2009, DHS issued a notice in the Federal Register caving in to Judge Breyer and rescinding the safe harbor rule.  DHS has decided to focus its worksite enforcement efforts on increased compliance through improved employment verification, via participation in E-Verify, ICE’s Mutual Agreement Between Government and Employers (IMAGE) and other programs.  This is a further indication that Janet Napolitano and DHS plan to expand the scope of E-Verify and other in-house enforcement programs rather than relying on the SSA to ferret out undocumented workers.  Persons interested in commenting on the DHS plan to rescind the Rule must do so before September 18, 2009.

Author: Kim Koratsky

Labor & employment lawyer with the Memphis, Tennessee office of Wyatt, Tarrant & Combs, LLP

Leave a reply. Please note that although this blog may be helpful in informing clients and others who have an interest in information privacy and security, it is not intended to be legal advice. The information on this blog also should not be relied upon to form an attorney-client relationship.

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