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DHS Rescinds Proposed No Match Regulations

Published by on October 7, 2009

The Department of Homeland Security has decided to rescind the proposed amendments to its regulations regarding recipients of “no match” letters.  More after the break. The proposed regulations had provided that an employer’s receipt of a “no match” letter from the SSA or DHS might be sufficient to constitute constructive knowledge of unauthorized employment.  The proposed […]

The Department of Homeland Security has decided to rescind the proposed amendments to its regulations regarding recipients of “no match” letters.  More after the break.

The proposed regulations had provided that an employer’s receipt of a “no match” letter from the SSA or DHS might be sufficient to constitute constructive knowledge of unauthorized employment.  The proposed regulations also gave guidance on a “safe harbor” for employers to avoid liability after receiving a “no match” letter.

Pending legislation on the issue has been referred to committee.

The Federal Register notice can be found here.  The summary states:

SUMMARY:

The Department of Homeland Security (DHS) is amending its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of No-Match letters. DHS is amending its regulations as proposed on August 19, 2009, without change. Implementation of the 2007 final rule was preliminarily enjoined by the United States District Court for the Northern District of California on October 10, 2007. After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.

DATES:  This final rule is effective November 6, 2009.

(Hat tip to Workplace Prof Blog.)

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