A court has denied the Department of Homeland Security's (DHS) request to quickly issue a final decision on whether the agency may implement its new “No-Match" regulations.
In August 2007, DHS issued a final regulation outlining employers' obligations upon receiving a Social Security Administration (SSA) No-Match letter. Several labor unions and business groups filed a lawsuit challenging the regulation and a court issued a preliminary injunction preventing the implementation of the rule. On October 28, 2008, DHS published a supplemental final review addressing issues raised by the court when it issued the preliminary injunction. After issuing the supplemental final rule, DHS moved to vacate the preliminary injunction. However, the court decided not to expedite the review of the case. Therefore, a review of the DHS' motion will not be made until late February or March 2009. Therefore, DHS continues to be unable to implement its "No-Match" regulation at least until the court rules on its motion to lift the preliminary injunction.