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DHS Issues Final Rule Rescinding Controversial 'No-Match' Regulation

Labor & Litigation

The government will now focus on increased compliance through improved verification for illegal aliens.

Tom Delaney | October 7, 2009

The Department of Homeland Security (DHS) is rescinding its “no-match” regulation targeting employers with undocumented workers, according to a final rule slated for publication in today's Federal Register.

Under the no-match rule—also called the safe harbor rule—the Social Security Administration would have been required to include with no-match letters, sent to employers when employees' Social Security numbers do not match government records, information telling the employers that they would be required to resolve discrepancies or face liability.

The Bush administration originally issued the no-match rule in 2007, but it was challenged in the U.S. District Court for the Northern District of California, which blocked it before it had gone into effect. Reflecting the change in presidential administrations, DHS announced its intention to rescind the rule in July 2009.

DHS issued a proposed rule rescinding the no-match regulation Aug. 19, and in the final rule said it intended to adopt the proposed rule without changes.

“After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs,” the department said.
 

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