December 9, 2008

No-Match Rule Litigation Update

At a December 5, 2008 status conference, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California set a brief schedule in the case of American Federation of Labor v. Michael Chertoff, begun in August of 2007 by the U.S. Chamber of Commerce, the American Civil Liberties Union, and other members of the business community in response to the Department of Homeland Security’s (DHS’) final Social Security No-Match Rule that would broaden the definition of an employer’s “constructive knowledge” of employing an unauthorized worker by virtue of receiving a no-match letter, while providing a “safe harbor” to employers who choose to comply with certain employment verification procedures upon receipt of such letters. A detailed analysis of the issues surrounding the Social Security No-Match Rule can be found by reviewing the October 2008 GT Alert, and previous updates in this litigation can be found in the October 28, 2008 News Flashes.

The brief schedule accepted by the Court was proposed by the Plaintiffs. According to the schedule, the DHS must file its Motions for Summary Judgment and Motion to Vacate Preliminary Injunction by January 9, 2009, Plaintiffs must file their opposition briefs by February 9, 2009, and DHS must file its replies by February 24, 2009. The order states that the Court will set a hearing if needed.

The GT Business Immigration and Compliance Group will continue to provide timely updates on this litigation.