2009-10-08
On October 7, 2009, the Department of Homeland Security (DHS) issued a final rule rescinding its "no-match" rule.

In August, the DHS issued a proposed rule about rescinding the no-match rule, after the agency conducted a review of existing programs pursuant to its updated regulatory and enforcement agenda. After the review, the DHS decided to focus its employment authorization enforcement efforts on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.

The no-match rule was originally issued in August 2007. It has been on hold since October 2007, when a federal district court blocked it in response to a lawsuit filed by the American Civil Liberties Union, the U.S. Chamber of Commerce, and a coalition of business groups (AFL-CIO v. Napolitano). The no-match rule outlined responsibilities and safe harbor procedures for employers that received notice from the Social Security Administration (SSA) or DHS of discrepancies between government and employee-provided identity and employment eligibility information.

The final rule abandons the no-match rule's definition of constructive knowledge. Employers that receive no-match letters will not be deemed to have constructive knowledge that a worker might not be authorized to work in the U.S. The final rule is effective November 6, 2009.

The full text of the final rule is available on the U.S. Government Printing Office site.

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