U.S. District Court Judge Charles Breyer has extended the temporary restraining order preventing the Department of Homeland Security from implementing its No-Match Regulation for up to 10 days. Judge Breyer will rule on a preliminary injunction by October 11. If granted, the preliminary injunction would further delay implementation of the regulation until trial.

According to hearing attendees, the Judge’s statements suggested that he will grant the longer term preliminary injunction. For example, the Judge agreed with the Plaintiffs (including the AFL-CIO, ACLU, National Immigration Law Center, and a group of labor and trade councils) that, "There would be irreparable harm, serious irreparable injury" to legal employees if the government went ahead with its plan to send 140,000 letters to employers of 8 million workers.

Ogletree Deakins will post an update as soon as the Judge rules. For further background, on the No-Match regulation, please see the Ogletree Deakins E-Alerts dated August 10, 2007 and September 4, 2007.