DHS Files Appeal of No-Match Injunction Order
On December 5, 2007 Department of Homeland Security Secretary Michael Chertoff released a statement confirming that DHS has filed an appeal of U.S. District Court Judge Charles Breyer’s Order granting an injunction against the Department’s enforcement of its proposed regulation on Social Security No-Match letters. DHS, according to the statement, is not “abandoning” the regulation.
Here is my earlier post on Judge’ Breyer’s Order.
This move seems to be inconsistent with an earlier DHS request that the Court put the matter on hold while it re-worked the regulation to try to fix the provisions that Judge Breyer found objectionable. Here's my earlier post on that DHS request.
Not surprising, the DHS seems to be pushing hard to get this regulation in place in some form and it appears inevitable that private employers will, in fact, eventually be put in the position of having to deal with it.
The reg would set up procedures for employers to follow when they receive a no-match letters from the Social Security Administration advising the employer that an employee’s name does not match the social security number that the SSA has on file. Basically the employer would have to correct the discrepancy within 90 days or fire the employee. An employer who followed the procedure would have a “safe-harbor” against any allegation that it was knowingly employing an illegal worker; an employer who ignored the procedures would be presumed to be on notice that it was employing an illegal worker.
