News Updates

Social Security “No-Match” Regulation Stalled Again

The federal government has asked for delays until July 10, 2009 to present its legal arguments in support of removing a federal court preliminary injunction against the Social Security “no-match” regulation, and has sought more time to file its response to the plaintiffs’ motion for summary judgment in the same case.
 
Under the “no-match” regulation, employers have 90 days to resolve any discrepancies if they receive a "no-match" letter that certain employees’ names and corresponding Social Security numbers given on their W-2 forms do not match numbers in SSA’s database.  If the employer cannot resolve the issue, the employer must terminate the employee’s employment or risk liability under the Immigration and Nationality Act for knowingly hiring or continuing to employ an individual who is unauthorized to work in the United States.
 
Since President Barack Obama took office, Secretary of Homeland Security Janet Napolitano has asked for three extensions to file the government’s pleadings in the case so that the government may review the regulation drafted by the Bush Administration.  The court document filed by the federal government states that “as part of this comprehensive review, the department is evaluating numerous options, including whether to maintain the rule in its current form, or to seek amendment or repeal.”

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