October 10, 2007

No Match Rules Successfully Enjoined from Taking Effect

On October 10, 2007, U.S. District Judge Charles Breyer issued an order granting the plaintiffs' motion for a preliminary injunction. This means that barring further developments, the Department of Homeland Security’s (DHS) "No Match" rule will not be allowed to take effect until the litigation challenging the rule is resolved. The court found that plaintiffs demonstrated that they will be "irreparably harmed" were the rule to go into effect while the litigation is pending. While the order is not a finding on the merits of the litigation or an indicator of the ultimate result, the court did find that the plaintiffs met their burden of raising serious questions going to the merits. Notably, despite DHS’ assertion that the rule imposes no new burdens, the court stated that "it is clear to this court that DHS has changed course" regarding the consequences of receiving a no-match letter. It is important to note that today’s order is not the final order issuing an injunction-it is an order granting plaintiffs' motion for a preliminary injunction while the case is litigated. The parties were ordered to meet and submit a proposed order issuing the preliminary injunction by October 12. Greenberg Traurig (GT) attorneys will be part of those meetings. Greenberg Traurig (GT) represents the San Francisco Chamber of Commerce, The US Chamber of Commerce, National Roofing Contractors Association, American Nursery & Landscape Association among other plaintiffs who brought this lawsuit against the DHS. GT will continue to provide the latest updates on the progress of this lawsuit and the impact the Judge's final decision may have on you and your business. For further information regarding "no match" notices, please visit: http://www.gtlaw.com/practices/immigration/news/2007/08/12.htm.