No-Match Regulations Placed on Hold until October 1

On Friday, August 31, a federal district court judge granted a temporary restraining order placing a hold on the Department of Homeland Security’s (DHS) new Social Security No-Match regulations.  The final regulations were scheduled to take effect in September.  The ruling puts a hold on the federal government’s plan to start sending out No-Match Letters.

The AFL-CIO, ACLU, National Immigration Law Center, and a group of labor unions filed a lawsuit seeking to invalidate the No-Match regulations.  The order is scheduled to remain in effect until October 1, when another judge will consider whether to grant an injunction preventing implementation of the rule until trial.

The No-Match regulations set forth a process for employers to follow to resolve the No-Match and thereby achieve a “safe-harbor” and avoid potential liability for violating the law by knowingly continuing to employ unauthorized workers.  Under the regulations the employer must: check its records to ensure the mismatch was not a result of an error on its part; then notify the employee and request the employee resolve the matter with Social Security Administration (SSA); and if the mismatch is not resolved by the 90th day following receipt of the No-Match Letter, either terminate the employee or secure completion of a new I-9 Employment Eligibility Verification form.

Practical Application: Employers should take this opportunity to review their current No-Match procedures and review immigration compliance procedures, as it is likely that the federal government will continue to impose increasing obligations upon employers in the near future.

 If you have any questions regarding the new DHS ruling, HR-OneSource can provide help.  Please contact Jack Lipovac, SPHR, lipovacj@hr-onesource.com at (515) 221-1718.