New “No Match” Rule Delayed Again

A federal court judge in California issued a 22-page decision on October 10, 2007, granting a preliminary injunction of the new “No Match” regulations until there is a full hearing. Under the new rule, receipt alone of the new “No Match” letter would put an employer on notice that an employee may lack work authorization. An employer could also be subject to civil and criminal liability if it did not take “reasonable steps” within 30, 90 and 93 days of receiving a “No Match” letter or a Department of Homeland Security “Notice of Suspect Documents” letter, and the employee lacks work authorization.

In the decision, the Court questioned whether the new rule is arbitrary and capricious because the Department of Homeland Security did not reasonably explain why it changed its position on “No Match” letters. It also further precluded the issuance of the Social Security Administration’s new “No Match” letters to an estimated 140,000 employers relating to approximately 8 million employees. However, employers should note that the order does not halt issuance of “No Match” letters in the format previously issued.

For more information, or for I-9 compliance training on the current state of the law and these new regulations, contact: QUAN, BURDETTE & PEREZ, P.C. at 713/625-9200.

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