DHS on the State of Immigration and No-Match Letters
Posted Oct 31, 2008
©MurthyDotCom
U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff gave a State of Immigration address, on October 23, 2008, primarily focused on issues of border protection and enforcement. He discussed what he deemed to be positive results from the strategies that have been utilized to deal with illegal migration. He discussed the release of a Final Rule pertaining to Social Security "no-match" letters. This controversial practice involves employer obligations and liability regarding letters sent from the Social Security Administration (SSA) indicating that the data from the employer does not match SSA records on a particular employee.
©MurthyDotCom
No-Match Injunction
©MurthyDotCom
The no-match rule was to go into effect September 14, 2007. However, due to concerns about the scope and legality of the regulation, the DHS was enjoined from implementing the rule. This was presented to MurthyDotCom and MurthyBulletin readers in our September 21, 2007 article, No-Match Letter Regulation is on Hold. In his address, Secretary Chertoff defended the No-Match Rule as a tool for addressing issues of illegal migration. He described the rule as an "anti-ostrich" regulation, requiring the employer to review the facts when an SSA no-match letter is received. He characterized a no-match letter as a sign that something is wrong, either with the data involved, or as an indicator of false identities and documents.
©MurthyDotCom
The DHS is currently enjoined or barred from utilizing the rule. In an effort to address the controversy, it has made some revisions and republished the rule in the Federal Register. Secretary Chertoff indicated that DHS will request that the injunction be lifted.
©MurthyDotCom
Border Fences

The DHS has completed over 370 miles of pedestrian and vehicle fences on the southern border of the United States. The goal was 670 miles. There are portions currently under construction. Secretary Chertoff believes that they can come close to achieving this goal if the totality of all portions completed, under construction, and under contract are considered. The fence has also been the subject of a great deal of controversy.
©MurthyDotCom
Border Patrol Agents and Technology
©MurthyDotCom
The DHS is close to fulfilling its commitment to double the number of Border Patrol agents who were in place when President George W. Bush first took office. The DHS is near its goal of acquiring over 18,000 agents, and is confident that they will exceed the goal by the end of the year. They are also utilizing various technologies, such as sensors with ground-based mobile and fixed radar units in their efforts to protect the border from illegal migration, as well as drug trafficking.
©MurthyDotCom
Results : Reduced Illegal Migration
©MurthyDotCom
The DHS believes, and recent surveys have indicated, that the level of illegal migration is decreasing. They take this as a sign that deterrence efforts are working and that entering illegally has been made more difficult than in prior years. Legal migration is reported to now exceed illegal migration.
©MurthyDotCom
Conclusion : What this Means for You
©MurthyDotCom
Most MurthyDotCom and MurthyBulletin readers fall within the categories of either legal immigrants or employers of legal immigrants. Issues of illegal immigration may not seem important, therefore. Enforcement, as a policy matter, is important, however, and these policies often make it difficult to obtain the changes needed in the laws pertinent to legal immigration when focus is on concerns over illegal migration. There are many politicians and members of the general population who have a, "fix the border first," mentality when asked about matters of legal immigration. So, to the extent that border worries are being addressed, it may help to reduce some of the general anti-immigrant feelings expressed by segments of the population and certain government officials. The progress of the "No-Match" regulation is important to all U.S. workers and employers, as problems within the SSA data can trigger a no-match letter, even when there has been no violation by a worker or her/his employer.