Department Of Homeland Security Formally Rescinds No-Match Rule
October 8, 2009 Yesterday, the Department of Homeland Security (DHS) rescinded the Social Security “No-Match” regulation that targeted employers with undocumented workers. The “No Match” rule, which was never implemented, would have forced employers to fire workers based on discrepancies in their Social Security records.
DHS first announced its plan to rescind the rule in July, and with yesterday’s publication of a final rule in the Federal Register, the rescission will go into effect in 30 days. This ends a two-year legal battle between the federal government, business groups, labor organizations, civil liberties, and immigration rights groups.
A federal court blocked the “no match” rule in October 2007, after a lawsuit was filed against DHS, charging that enforcement of the rule would put authorized workers at risk of losing their jobs and would cause discrimination against workers.
Since that time, this regulation has continued to be blocked by the courts. Once this rescission this goes into effect, the lawsuit becomes moot and is expected to be dismissed by the courts at that time. According to the Federal Register, this final rule is effective Nov. 6, 2009.
