DHS Files an Appeal in No-Match Rule Case
Posted Dec 14, 2007
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The U.S. Department of Justice filed an appeal December 4, 2007, on behalf of the Department of Homeland Security (DHS) on a U.S. federal court decision that enjoins the DHS from implementing what is referred to as the Social Security "no-match" rule. As was covered in a series of MurthyBulletin articles, including the October 19, 2007 article, Federal Court Issues Preliminary Injunction on No-Match Program, the injunction prevented implementation of the no-match regulation issued by the U.S. Immigration and Customs Enforcement (ICE) on August 15, 2007. The rule, which was intended as part of enhanced worksite enforcement efforts, was widely criticized by various groups, including labor unions, as having the potential to adversely affect employers and their legal employees. [Earlier reports on this topic are available for review on MurthyDotCom.]
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Government Argues "No-Match" Rule Beneficial for Employers and Legal Employees
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In its December 5, 2007 announcement of the appeal of the injunction, the DHS argues that "the No-Match Rule is a major step forward in preventing employment of illegal migrants." It further states that "the rule is not harmful to legal workers." The DHS strongly supports the regulation and indicates that the DHS "is not abandoning it." To support its position with regard to the no-match rule, the DHS reiterates that the "safe harbor" rule gives employers an opportunity to either correct a clerical error or to explain the discrepancy in a social security number, and provides employers with sufficient time to answer no-match inquiries. Therefore, according to the DHS, employers and their legal employees would not suffer any adverse consequences.
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Conclusion
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The U.S. federal court where the appeal has been filed by the DHS has to rule on the appeal by either lifting or staying the injunction. The plaintiffs in the case, which include labor groups, the American Civil Liberties Union (ACLU), the U.S. Chamber of Commerce, and immigration groups, have not indicated their position with regard to the appeal. It is expected, however, that they will continue to be concerned that mistakes in the federal Social Security Administration database would penalize individuals entitled to work legally in the U.S. and the employers of those workers. Updates on this important case will be reported to MurthyDotCom and MurthyBulletin readers, as they become available.