Immigration Update: Federal Judge Enjoins Government From Enforcing Its New Social Security No-Match Regulations

A federal judge in California rebuked the Department of Homeland Security's attempt to increase employer liability for their receipt of the ubiquitous Social Security No-Match letter. On October 10, 2007, the court granted opponents their motion for a preliminary injunction against DHS' enforcement of its new No-Match regulations, which was supposed to take effect in August of this year. This injunction, while not permanent, is a serious set-back for the Administration's attempt at addressing the issue of illegal immigration by punishing employers.

Based on statements from DHS, the government is currently assessing their legal options, including appeal of the federal judge's ruling. Moreover, it is not known at the time of this publication whether the Social Security Administration (SSA), which is the agency that sends out the No-Match letters to employers, will continue with its previously used No-Match notification to employers without any insert or language, or if the agency will temporarily discontinue issuing all No-Match letters in lieu of this pending legal matter and injunction.

Wessels Sherman will continue to follow and provide updates on this developing matter. Please contact Kevin Mosher of Wessels Sherman's Immigration Response Team (952-746-1700) with questions that you might have on this or any other immigration matter.