On October 10, 2007, the U.S. District Court for the Northern District of California issued a preliminary injunction against the Department of Homeland Security (DHS) and the Social Security Administration (SSA) enjoining them from implementing the Final Rule entitled “Safe-Harbor Procedures for Employers Who Receive a No-Match Letter.” The terms of the injunction will be issued later in October 2007. However, in the meantime, the DHS and SSA will not be implementing their new rule.The new Rule would redefine the definition of “knowing” as used in legislation that makes it unlawful for any person to “knowingly” hire a person unauthorized to work in the United States. The Rule proposes to add receipt of a no-match letter to a list of examples that may lead to a finding that an employer had constructive knowledge that an employee was unauthorized to work. In order to avoid such a finding, the DHS proposes to create safe-harbor procedures an employer can follow in response to the no-match letter. Following these procedures is designed to stop the DHS from finding that an employer had constructive knowledge that the employee referenced in the no-match letter was unauthorized to work in the US.This injunction may only be valid until the Court makes a final determination in the case. Employers are urged to keep in close contact with the knowledgeable attorneys at Badmus Immigration Law Firm to ensure that they are properly following the law with regard to employees. To read more on the no-match letters and the SSA's explanation of the proposed rules, click below.
By Martha James