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Administration resends ‘No-Match’ immigration regulation

by associate on July 8, 2009

Sources: Office of the Press Secretary. “DHS: Secretary Napolitano Strengthens Employment Verification with Administration’s Commitment to E-Verify.” Department of Homeland Security. July 8 2009; Miller, Charles M., “No-Match Rescission Leaves Matter in Limbo,” Immigration Employment. 19 October 2009

This administration rescinded the “No-Match” rule that laid out procedures for employers to follow if they received a “No-Match” letter from the Social Security Administration (SSA) about an employee. According to journalist Charles Miller, the regulation (72 Fed. Reg. 45611•45624 promulgated on Aug. 15, 2007)), “had changed the legal obligations of an employer when receiving a no-match letter from the SSA or a notice of suspect documents letter from ICE. The rule had amended the definition of constructive knowledge to include receipt by an employer of a no-match letter from SSA or a notice from the Department of Homeland Security, with a potential finding that the employer had constructive knowledge that it was employing an alien not authorized to work in the United States.” As a result of the Obama change, many employers will have no choice but to continue to employ individuals they know are illegal.

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