WASHINGTON – The Department of Homeland Security (DHS) on Tuesday published a supplemental final rule named Safe Harbor Procedures for Employers who receive a No-Match Letter.

The DHS was required to write more rules after a U.S. District Court in San Francisco issued a preliminary injunction last year preventing the department from moving forward with a previously published version of the rule.

Reports said that the new rule attempts to address concerns raised by the court last year. Specifically, DHS again asserts that it has the statutory authority to issue the rule based on the agency’s authority to enforce the immigration laws. In that regard, the no-match rule amends existing DHS rules implementing the employer sanctions law and specifically the definition of what constitutes “constructive knowledge.”

DHS also provides its justification for the changes in the supplemental rule, contending that there is a need to resolve ambiguity and confusion for employers regarding their obligations under the immigration laws if they receive a no-match rule and that the Social Security Administration’s criteria for sending no-match letters helps focus on employers with the greatest reliance on undocumented workers.

To view this final rule, click here: http://www.dhs.gov/xlibrary/assets/ice_no_match_letter_finalrule.pdf.


Source: American Meat Institute