On July 8, 2009, Department of Homeland Security (DHS) announced that it intends to propose a new regulation rescinding the Social Security No-Match Rule, which has been blocked by a court order since 2007. For more information about the No-Match lawsuit please click here. The No-Match Rule established "safe harbor" procedures that employers must follow if they received Social Security Administration No-Match letters or notices if they wished to avoid potential liability for hiring unauthorized workers It should be noted that the Senate has recently passed a bill to undo the Administration's decision to rescind the No-Match Rule.

In its announcement, DHS also commented on the Administration's support for the federal contractor E-Verify rule, which requires that almost all federal contractors participate in the E-Verify program. DHS stated that "E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce…Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our Department's continued efforts to strengthen immigration law enforcement and protect critical employment opportunities."

The Administration intends to push ahead with full implementation of the federal contractor E-Verify rule on September 8, 2009.