DHS Issues Supplemental Final Rule with Guidance For Employers Who Receive Social Security ‘No-Match’ Letters

The Department of Homeland Security (DHS) recently issued a Supplemental Final Rule that provides additional background and analysis for the department’s No-Match Rule. The regulation clarifies what steps reasonable employers can take to resolve discrepancies identified in ‘no-match’ letters issued by the Social Security Administration (SSA). Additionally, it provides guidance to help businesses comply with legal requirements intended to reduce the illegal employment of unauthorized workers.

At the present moment, implementation of the No-Match Rule has been stayed following a preliminary injunction issued by the U.S. District Court for the Northern District of California. This Supplemental Final Rule addresses the issues raised by the Court, including a more detailed analysis of how the department developed the no-match policy and a detailed economic analysis of the rule. Within the next few weeks, DHS intends to return to the District Court to request that the injunction be lifted so that implementation of the rule can proceed.

According to DHS, the No-Match Rule details steps employers may take when they receive a “no-match” letter and guarantees that U.S. Immigration and Customs Enforcement (ICE) will consider employers who follow those steps to have acted reasonably. If an employer follows the safe harbor procedures in good faith, ICE will not use the employer’s receipt of a no-match letter as evidence to find that the employer violated the employment provisions of the Immigration and Nationality Act (INA) by knowingly employing unauthorized workers.

To clarify, at this time, the final rule has not been implemented. If and when the District Court lifts the injunction, the final rule will be implemented.

Please refer to the DHS website for a complete reading of the Supplemental Final Rule