Social Security Number “NO-MATCH” Regulation Halted by Federal Judge
On August 31, 2007, U.S. District Court Judge Maxine Chesney issued an order temporarily blocking implementation of DHS Immigration Customs and Enforcement regulation on the legal obligations of an employer when it receives a “no-match letter” from the Social Security Administration.
On October 11, 2007 U.S. District Court Judge Charles R. Breyer ordered the implementation delayed indefinitely by issuing a preliminary injunction against implementation of the final DHS Safe Harbor procedures. Judge Breyer stated that the government had failed to follow proper procedures for issuing a new rule, chastising DHS for making a policy change with “massive ramifications” for employers without giving any legal explanation or conducting a required survey of the costs and impact for small businesses.
Subsequently, the U.S. District Court for the Northern District of California granted DHS’ motion to stay proceedings until March 1, 2008, pending a new rulemaking effort that DHS maintains will address the court’s concerns with its regulation on SSA no-match letters.
On October 23, 2008, DHS announced that it has now issued a Supplemental Final Rule addressing the court’s concerns, and that it will shortly petition the court to remove the injunction. See http://www.dhs.gov/xnews/releases/pr_1224771455239.shtm.
No-match letters, which advise employers that social security numbers submitted to the Social Security Administration for verification can often be the result of innocent mistakes, including name changes, typographical errors, or the use of multiple surnames.
The DHS regulations which were to have been effective on September 14, 2007 provide Safe Harbor procedures. Safe Harbor rules outline steps an employer may take in response to receiving no-match letter from the Social Security Administration, or receiving notice from DHS that documents received by an employee do not match government records.
I would like to bring the positive news that mine and my family's visas have been APPROVED! I would like to take this opportunity to thank you and to express my heartfelt gratitude for your exceptional efforts and unwavering support...Lee Jackson Date : September 25, 2023
Michael and his entire team are professional, diligent and knowledgeable, effective and efficient, patient in guidance and interaction, and confident and reassuring in attitude. In brief: excellent partners and guides for the complex immigration journey.Jonatan S Date : September 14, 2023
The team at Wildes & Weinberg waste no time. They are intelligent, professional, and know exactly what needs to be done to succeed in your case. Had the pleasure of working with Josh Wildes, Julie P. Levey, and Brenda Moura,...Michael “Dimucc” DiMuccio Date : September 8, 2023
Josh Wildes & everyone on the W&W team were excellent with dealing with my green card application. The team were responsive to any questions, set clear goals & requirements for any & all documentation and were clear on what to...Kelvin Barker Date : March 10, 2023
I received my Green Card from Michael Wildes and his firm some days ago. The petition approval and Green Card release represent a real achievement for people like me in the US. Michael Wildes and his team are excellent, and...Luca Zammataro Date : November 22, 2022
Dear Michael Wildes, my husband and I would like to thank you and your team, the work was not easy, especially in the statement, there were a lot of flaws, but we managed to correct everything in a short time,...Jacques Carline Date : August 3, 2022
Our client David came to us after spending more than three years stuck in the immigration court morass with another attorney. His individual hearing wasn’t scheduled to occur for over a year, and he thought it might get pushed off...David E. Date : June 8, 2022