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Immigration Compliance and Enforcement

April 30, 2008

Implementation of the Department of Homeland Security’s “No-Match” Rule is Estimated to Cost Businesses $1 Billion Per Year

According to a study commissioned by the U.S. Chamber of Commerce and submitted to the Department of Homeland Security (DHS) on April 25, 2008, implementation of the “No-Ma t ch” Rule will result in tens of thousands of U.S. citizens and lawful immigrant workers losing their jobs and cause businesses to lose at least $1 billion dollars annually.

Businesses should be aware of the potential penalties and fines they may face if the rule is implemented. The rule states that if workers named in the letters are unable to correct their Social Security records within a 90-day period, employers must terminate them or risk prosecution for violating immigration laws. If the rule were finalized, employers may end up terminating tens of thousands of workers, causing businesses to lose at least $1 billion dollars per year.

Currently, the Social Security Administration (SSA) sends no-match letters to workers and employers when names or Social Security numbers listed in employers’ records do not match SSA’s records. The problem is that the no-match letters do not address a worker’s immigration status; they simply identify a name or number mismatch. Further, such mismatches may be triggered by clerical errors or use of multiple surnames. Thus, the SSA databases generating the letters do not provide complete or accurate information regarding workers’ immigration status.

Harvard Economist Richard Belzer, hired by the U.S. Chamber of Commerce, predicts that the total number of authorized workers who could wrongly lose their jobs under the rule may reach as high as 165,000. Further, according to experts retained by the DHS, over nine million workers will receive the no-match letters, requiring at least four million workers to physically visit the SSA to correct the mistake. (Small Entity Impact Analysis, prepared by DHS’ consultant, Econometrica, Inc., January 15, 2008).

GT will continue to provide timely updates on the status of the No-Match Rule. For more information, please review the recent GT alert on this topic.

GT Alert
The DHS No-Match Rule: The Long, Strange Trip Continues
- By Dawn Lurie and Efren Hernandez