Compliance November 6, 2008

DHS to Request Lift of Injunction on No-Match Letter Rules

November 6, 2008 (PLANSPONSOR.com) - The Department of Homeland Security (DHS) has issued a Supplemental Final Rule that provides additional background and analysis for the department's No-Match Rule.
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Implementation of the No-Match Rule has been stayed following a preliminary injunction issued by the U.S. District Court for the Northern District of California (See Court Grants Temporary Restraining Order Against “No-Match” Letters ). In August 2007, the AFL-CIO sued the U.S. government over the rule, saying the requirements are too burdensome (See AFL-CIO Lawsuit: “No Match” Letter Rules Too Burdensome  ).

The DHS regulation, originally proposed in June 2006 and issued in August 2007 as a Final Rule, clarifies what steps employers should take to resolve discrepancies identified in “no-match” letters issued by the Social Security Administration.

DHS will return to the District Court to request that the injunction be lifted so that implementation of the rule can proceed, according to a press release. “The additional information in this supplemental rule addresses the specific items raised by the Court, and we expect to be able to quickly implement it,” said Homeland Security Secretary Michael Chertoff, in the announcement.

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