Department of Homeland Security Seeks to Heighten Immigration Enforcement Policy by Stepping Up Employer Obligations Under the "No-Match Rule"

September 2007
Employment Law Notes
On August 10, 2007, the Department of Homeland Security (“DHS”) announced several procedural changes to strengthen enforcement of existing federal immigration laws. Included in these changes are regulations that employers must follow when they receive a “no-match” letter indicating that an employee’s social security number or work eligibility information does not match government records. Due to a recent California federal court ruling, the date on which the regulations will take effect is unknown. Nonetheless, “no-match” letters themselves are not new, and the new regulations seek to ultimately impose heightened obligations that employers should be aware of to ensure compliance and avoid increased fines and penalties once the new regulations ultimately take effect.