Update - Final Regulation Regarding "Safe Harbor" Procedures for Employers Who Receive "No-Match" Letter
2007-09/11 Jeffrey T. Jones

“No-match” letters are sent to employers by the Social Security Administration when social security numbers submitted for workers do not match the data in the government’s files.  The reason may be that workers are undocumented and using fake or “borrowed” social security numbers.  However, a misspelled name, an unreported change of surname due to a marriage, or typographical error inputting computer data can also generate a no-match letter.  Until recently, no-match letters have specifically instructed employers not to fire or sanction the workers for whom the letters are received (but often they are fired anyway). 

Last Friday, September 7, 2007, we forwarded an article in regard to the Department of Homeland Security’s (DHS) new rule outlining the safe harbor procedures for employers who receive no-match letters.  Please see our article.  The new rule was to be effective September 14, 2007. 

As we were issuing the September 7 alert, a federal judge for the 9th District Circuit Court in Los Angeles issued a temporary injunction until October 10 which prohibits the DHS from enforcing the new rule.  On October 1, another federal judge will consider whether to grant a permanent injunction.  Therefore, the new rule is not in effect until at least October 1, 2007.  Judge Maxine Chesney issued the injunction on the Petition of the AFL-CIO, the American Civil Liberties Union, the National Immigration Law Center, and other groups.  It suspends the sending of letters, which were to go out in batches to 140,000 employers and eventually covering the records of approximately 8 million workers. 

Please direct your questions regarding the content of this alert to Jeff Jones who prepared this article or any of the attorneys within the Employment, Labor & Benefits Practice Group:  Ron Rutlin, Dean Dietrich, Jeff Jones, Mary Ellen Schill, Chris Toner, or Sara Ackermann.

© 2007 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.