September 17, 2007

Federal Judge Issues a Delay in Immigration Enforcement Rules

U.S. District Judge Maxine M. Chesney issued a restraining order on August 31, 2007, prohibiting the Department of Homeland Security (DHS) from mailing notices to 140,000 employers regarding “no match” Social Security numbers. Employers receiving such notices would face penalties if they failed to take corrective steps. The restraining order stands until October 1, 2007, when another federal judge will consider whether to grant a permanent injunction.

It is estimated that errors in the Social Security Administration’s records affect an estimated 12.7 million native-born U.S. citizens and 4.8 legal immigrants due to innocent typographical errors, confusion over name changes, multiple surnames, and fraud. Under the DHS proposal, beginning September 14, 2007, employers would have 90 days to resolve questions concerning employees’ identities or terminate them. If employers failed to comply, business would face fines and criminal penalties for knowingly violating federal law that bars employing undocumented workers.

Leading business groups warn that the “no match” notices will produce widespread workplace disruptions across the agriculture, meatpacking, construction, lodging, hospitality, and service sectors. They have requested that the Department of Justice propose new rules to protect employers from discrimination charges if employees are discharged in compliance with the DHS no-match regulations. Business groups in Arizona have also taken action to halt state-initiated employer sanctions law. http://www.azeir.org/index2.asp

For further information regarding "no match" notices, please visit: http://www.gtlaw.com/practices/immigration/news/2007/08/12.htm.