On August 14, 2007, we issued a Client Alert (below) advising you about the Department of Homeland Security's ("DHS") new regulations relating to Social Security Administration (“SSA”) no-match letters. There has been an important new development. Yesterday, a federal district court in California granted a preliminary injunction temporarily blocking the new DHS regulations from taking effect and prohibiting SSA from sending no-match letters on a special revised form that threatened employers with penalties for non-compliance. It is possible that this decision may be appealed or the regulations revised. However, for now, employers are not required to terminate employees who cannot remedy the no-match issue within the 90 day deadline in the regulations.
Employers may still receive the traditional no-match letters that the SSA has sent for decades. If that occurs, we recommend that employers promptly: (1) check their own records to ensure that there is not a transcription error, (2) have the employee confirm that the employee's social security number in the employer's records is correct, (3) instruct the employee to pursue the matter personally with SSA, and (4) document each of these efforts.
NOTE: Below is the original client alert on this topic, issued on August 14, 2007.
On August 10, 2007, the Department of Homeland Security (“DHS”) amended its regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulations describe the legal obligations of an employer when the employer receives a no-match letter from the Social Security Administration (“SSA”). A no-match letter is a written letter from the SSA advising the employer that the combination of name and social security number submitted for an employee does not match SSA records. more...