On August 15, 2007, U.S. Immigration and Customs Enforcement issued a final rule describing the legal obligations of an employer, under current immigration law, when the employer receives a No-Match letter from the Social Security Administration.

“Safe-Harbor Procedures for Employers Who Receive a No-Match Letter”, 77 Fed. Reg. 45611 (Aug. 15, 2007)

That rule would have amended part 274a.1(l) of chapter I of title 8 of the Code of Federal Regulations.

But labor groups filed a lawsuit August 29th in the District Court of Northern California challenging the No-Match Rule and asked for a temporary restraining order and preliminary injunction.

Complaint for Declaratory and Injunctive Relief

On August 31st, the temporary restraining order was granted and a hearing was ordered for October 1st to determine whether a preliminary injunction - preventing the government from sending the No-Match letters - should be granted.

Temporary Restraining Order

[UPDATE :: October 10, 2007] The Court granted the preliminary injunction preventing the government from enforcing the “No-Match” Rule.

Order Granting Motion for Preliminary Injunction

[UPDATE :: November 24, 2007] The Department of Homeland Security filed a motion to stay proceedings until March 2008 while the agency rewrites the “No Match / Safe Harbor Rule” to comply with the law (and avoid the current litigation).

DHS Motion to Stay Proceedings
Proposed Order Granting Motion to Stay Proceedings

Additional materials are posted below:

Sample No-Match Letter
No-Match Letter FAQ for employers

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