We wrote previously (Department Of Homeland Security Issues Regulation Advising Employers How To Respond To Social Security "No Match" Letters) about a new regulation issued by the Department of Homeland Security (DHS) advising employers how to respond to Social Security Administration (SSA) "no match letters" if the employer wants to have a safe harbor from enforcement based on receipt of the no match letter. SSA was scheduled to start sending no match letters during September that would include a letter from DHS discussing the safe harbor regulation. The regulation was scheduled to take effect on September 14, 2007
However, in response to a lawsuit filed by the AFL-CIO, ACLU and others, a federal judge has issued a temporary restraining order blocking DHS and SSA from sending the letters and implementing the new regulation. A hearing is set for October 1, 2007 to determine whether a preliminary injunction should be issued further blocking implementation of the regulation. The lawsuit claims that the regulation exceeds DHS and SSA enforcement authority and that it would result in loss of jobs by persons with lawful work authorization due to errors in the SSA database.