Social Security No-Match Rule

On Thursday, October 28, 2008, DHS published its final No-Match rule in the Federal Register. The rule can be found at http://edocket.access.gpo.gov/2008/pdf/E8- 25544.pdf. The Final No-Match Rule simply “republishes the text of the August 2007 rule without substantive change.” However, DHS acknowledged that the rule will
not be implemented until the injunction by the U.S. District Court for the Northern District of California district court is lifted. According to court documents, the Department Homeland Security will simultaneously request that the District Court lift the injunction and move for summary judgment following the rule’s publication.
As of today’s date, October 28, 2008, the injunction remains in effect, and therefore businesses are still not subject to the regulation. However, if the injunction is lifted, the government may be sending out over 140,000 no-match letters soon. Thus, it is important for businesses stay up to date regarding the
pending litigation and to be prepared to resolve any no-match issues according to the procedures outlined in the rule. To this end, GT is issuing a separate alert updating employers on the current status of the No-Match rule. Check the Immigration and Compliance Updates page at http://www2.gtlaw.com/practices/immigration/index.asp for further information.

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