A court has granted the DHS’ motion to stay proceedings challenging its rule issued in August 2007 which would require employers to complete additional procedures when it received a Social Security Number (SSN) no match letter from the Social Security Administration (SSA) or face potential penalties from ICE during an enforcement action. Additional information about the regulation is contained in our firm’s Immigration Update dated September 3, 2007. During the litigation against the new rule, the court seriously questioned various procedural and substantive aspects of the rule. In its motion to stay, the DHS stated that it would like additional time in order to address the issues raised by the court when it issued its injunction prevention, the SSA or DHS from implementing this rule. DHS stated that it will conduct additional rule making and that it anticipates that the amended rule will fully address the court’s concerns. The DHS stated that when the amended final rule is issued, the DHS intends to request that the court vacate its preliminary injunction so that DHS and SSA may implement the rule. The court granted DHS until March 2008 to conduct and complete its additional rule making.
Additional information about the implementation of the SSN “No Match” rule and the litigation against the rule will be contained in our firm’s future Immigration Updates when it becomes available.