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Proposed "No-Match" Rule Delayed Until March 2008

The United States Department of Homeland Security (DHS) has requested a hold on a pending lawsuit against its proposed no-match regulation until March 2008.

The proposed regulation would have required the Social Security Administration send a "no-match" letter to employers in the instance that an employee's name and Social Security number do not match government records, and is therefore not authorized to work in the United States.

A letter filed November 23 with Judge Charles Breyer of the United States District Court, Northern District of California, by DHS said that the department would develop and publish a revised rule that would address concerns raised by the court.

In September a temporary restraining order had been granted against the DHS ruling to issue "no-match" letters to employers as part of a lawsuit filed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In October Judge Breyer delayed implementation of the rule indefinitely, explaining that " if allowed to proceed, the mailing of no-match letters, accompanied by DHS's guidance letter, would result in irreparable harm to innocent workers and employers."

CLICK HERE to read more about the initial court case.

CLICK HERE to read more about the proposed "no-match" regulation.

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