A court in Northern California has issued a temporary restraining order preventing the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) from implementing its new final regulation which would allow ICE to use the Social Security Administrations (SSA) “No Match” Letters as an immigration enforcement tool. Detailed information about this final regulation is contained in the above article. This final rule was to become effective on September 14, 2007. However, if the court upholds the regulation, after considering the lawsuit challenging the regulation, the earliest that it is assumed that the regulation will become effective is the end of October after a final ruling is issued.

The court in its ruling also prohibited the SSA from sending a letter from ICE explaining the new regulation with its “No Match” letters. The SSA had stated that it would be sending “No Match” Letters for the last tax year in early September. However, due to this ruling, it is unknown whether the SSA will delay the mailing of these “No Match” letters. If the SSA decides to proceed with the mailing of these “No Match” letters prior to a ruling by the court on the lawsuit challenging the ICE final regulation, the SSA may then have to send a second mailing with information about the new regulation if the court upholds the regulation.

Additional information about the implementation of the final regulation and the outcome of the lawsuit challenging the final regulation will be contained in our firm’s future Immigration Updates when it becomes available.