DHS to Withdraw No-Match Rule
Posted Jul 17, 2009
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) issued a press release on July 8, 2009, stating that the embattled Social Security no-match rule will be rescinded. Instead, DHS will increase focus on the E-Verify system for work authorization verification. According to the press release, the administration supports a regulation would require employers to use E-verify in order to receive federal contracts. Long-time readers of MurthyDotCom and the MurthyBulletin may recall a discussion of the no-match rule in our August 17, 2007 NewsBrief entitled, Liability for Employers who Receive No-Match Letters.
©MurthyDotCom
DHS to Focus on E-Verify
©MurthyDotCom
Since October 2007, DHS and ICE have been unable to resolve the controversy regarding the no-match regulation. For reasons not explained in the press release, the DHS has decided to rescind the challenged no-match regulation and to focus resources on improving and expanding the E-Verify system. E-Verify is a free online system that compares information from employers' I-9 forms with federal government databases and is jointly operated by DHS and the Social Security Administration (SSA). An analysis of the E-Verify program was included in our May 30, 2008 NewsBrief, E-Verify Analysis - May 21, 2008 Update.
©MurthyDotCom
This proposed federal contractor rule would extend the required use of E-Verify to all federal contractors and subcontractors, including employers who receive American Recovery and Reinvestment Act funds. Once adopted, this rule will apply to all federal solicitations and contracts awarded government-wide beginning September 8, 2009.
©MurthyDotCom
DHS explains that it is continuing efforts to improve E-Verify, including reducing errors and expanding the database of records included within the system. There are ongoing initiatives to enhance the program in many respects, including fraud prevention and privacy protections.
©MurthyDotCom
No-Match Rule has been on Hold
©MurthyDotCom
The U.S. Immigration and Customs Enforcement (ICE), which is responsible for enforcing Employment Eligibility Verification regulations, issued the controversial proposed no-match rule, intended to go into effect on September 14, 2007. The proposed regulation was immediately challenged in a federal court case in California. As regular MurthyDotCom and MurthyBulletin readers may recall from the September 21, 2007 NewsBrief, No-Match Letter Regulation is on Hold, the Judge issued a temporary restraining order that prevented the no-match regulation from taking effect. The Judge made additional rulings that continued to prevent the implementation of the no-match rule, as reported in our NewsBriefs entitled, Federal Court Issues Preliminary Injunction on No-Match Program and DHS on the State of Immigration and No-Match Letters.
©MurthyDotCom
Conclusion
©MurthyDotCom
While the DHS's decision to withdraw the controversial no-match regulation may be a relief to many concerned employers, it does not reduce the need for employers to comply with Form I-9, Employment Eligibility Verification regulations. A discussion of the potential penalties for noncompliance with Form I-9 regulations is available on MurthyDotCom in our September 16, 2008 article entitled, Form I-9 Compliance and Working with ICE. Employers and their HR managers and other representatives are encouraged to educate themselves on their obligations under DHS, U.S. Citizenship and Immigration Services, ICE, and U.S. Department of Labor regulations. The Murthy Law Firm will continue to provide updates regarding E-Verify and other compliance matters to help employers and individuals with the complex and ever-changing immigration laws and regulations.