TRO Issued Against No Match Letter Enforcement

( Categories : Employment Laws | Immigration )
gavel A U.S. federal district court has issued a temporary restraining order against the implementation of the “no match” letter rule promulgated last month by the Dept. of Homeland Security. The rule requires employers to terminate employees who can’t be verified as legal if there is a mismatch with their name and Social Security number—or face fines ranging from $250 to $10,000 per undocumented worker. The order was sought by the AFL-CIO and the San Francisco Building and Construction Trades Council, among others. In its order, the court said “serious questions” were raised over whether the new rule was inconsistent with statute and beyond the statutory authority of both DHS and the Social Security Administration. The injunction covers the mailing of SSA’s no match letter packets to employers. A hearing on a preliminary injunction is scheduled for Oct. 1. AFL-CIO v. Michael Chertoff