New Proposed Rule Re: No-Match Letters

The DHS released today a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15,2007. This rulemaking addresses three issues cited in a decision of the U.S. District Court for the Northern District of California enjoining the August 2007 No-Match Rule.This supplemental proposed rulemaking provides a more detailed analysis of how DHS developed the No-Match policy and will supposedly help responsible employers ensure that they are not employing unauthorized workers. The underlying purpose of the proposed new rule is to avoid the parts of the old rule that the Court found to be objectionable, so as to create a new rule that would not be subject to an injunction.