August 25, 2009

DHS Proposes to Rescind Bush Administration “No-Match” Rule

DHS Proposes to rescind Bush Administration “No-Match” rule: On August 19, DHS published a proposed rule in the Federal Register that would rescind a Bush Administration regulation that outlined for employers what they must do upon receiving a letter from the Social Security Administration that tells the employer that an employee’s name and Social Security number do not match Social Security Administration records. Failure to abide by the regulation might make the employer vulnerable to an immigration enforcement action. That rule has never gone into effect, because a preliminary injunction was issued against the rule in response to a lawsuit.

The new proposed rule states that, after a review of agency policies, it was determined that DHS would obtain better results by focusing on other worksite enforcement tools, such as E-Verify and ICE’s “IMAGE” program (where an employer enters into an agreement with ICE, enrolls in E-Verify, submits to an I-9 audit, and takes certain other steps).

Comments are due by September 18.

The Senate’s version of the DHS Appropriations bill (pending a conference to work out differences with the House) contains a provision inserted by Senator Vitter (R-LA) that would prohibit DHS from spending money to rescind the Bush Administration regulation.

-By National Immigration Forum