Judge Delays Ruling on DHS 'No-Match' Letter Regulation

On Monday, a federal judge in the Northern District of California extended for 10 days a temporary restraining order that stops the implementation of a new Department of Homeland Security (DHS) rule that would affect employers' responsibilities in verifying workers' employment authorization. 

Under the final rule, employers are expected to take specific steps when receiving a Social Security Administration (SSA) "no-match" letter to ensure they are complying with legal hiring requirements (See DHS Issues Final Rule on Social Security Administration 'No-Match' Letters). SSA and DHS were to send approximately 140,000 joint letters in September warning employers that they faced potential liability for failing to appropriately respond to no-match letters.

The extended temporary restraining order further delays issuance of these letters and comes as a result of a lawsuit filed by prominent organizations such as the AFL-CIO and the ACLU. The judge extended the temporary restraining order, citing the need for more time to make a decision. 

We will continue to monitor this issue and provide you with the latest updates as they become available. In the interim, please do not hesitate to contact us should you have questions or concerns about how the final rule could affect your responsibilities in verifying workers' employment authorization.