Immigration’s “No-Match” Rule is No Match
Kegler Brown E-mployment Alert October 19, 2009
In 2007, the Bush administration issued the “no-match” or “safe harbor rule,” which targeted undocumented foreign workers. The rule required that when a no-match letter was sent notifying an employer that a worker’s social security number did not match the government’s records, the employer was required to resolve the discrepancy or else face liability. The rule was challenged in the federal courts and it never took effect.
According to a final rule to be published in the Federal Register, the Department of Homeland Security is rescinding the no-match rule.
It is unknown at this point whether the new administration will continue to rely on the controversial E-Verify system, or whether a new rule on the subject will be proposed. However, for now, the no-match rule is no longer an issue.