A federal judge issued a preliminary injunction blocking the Department of Homeland Security’s Social Security “no-match” rule until the court has a chance to fully examine all of the issues.
The ruling, which extends a temporary order issued in September, comes after trade groups and labor unions filed a lawsuit in late August to stop DHS from using Social Security no-match letters for immigration enforcement. The plaintiffs, which include the American Nursery & Landscape Association and The Essential Worker Immigration Coalition, of which the Professional Landcare Network and the ANLA are members, opposed DHS’s rule on various grounds, including that the government violated the Regulatory Flexibility Act, which seeks to protect small business from overly burdensome regulation.
The injunction will remain until it’s overturned on appeal or the judge makes a final ruling after trial, which could be months away, according to the Los Angeles Times. Homeland Security Secretary Michael Chertoff said he would consider mounting a legal challenge or issuing a modified rule that addressed the judge’s concerns, in addition to pursuing other forms of employer enforcement, like criminal prosecution, the newspaper reported.
Related links:
U.S. District Judge Charles R. Breyer’s 22-page ruling (PDF):
The National Immigration Law Center’s What the Order Granting a Preliminary Injunction Means for the DHS Rule about Social Security “No-Match” (PDF):
http://www.nilc.org/immsemplymnt/SSA-NM_Toolkit/no-match_PI_2007-10-10.pdf
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