The Dept. of Homeland Security has asked a federal court to halt proceedings in a lawsuit against the implementation of its "no match letter" rule to allow it to conduct additional rulemaking to address issues brought up by business and union plaintiffs in the case. On Oct. 10, 2007, DHS was enjoined from implementing its "Safe Harbor" rule, which would have required employers to take certain steps to resolve discrepancies in reported employee Social Security numbers and to terminate employees who can't be verified as authorized to work -- or face fines ranging from $250 to $10,000 per undocumented worker. According to the motion requesting the stay, DHS will use the time to prepare a Regulatory Flexibility Act analysis, and that "[a] stay will prevent the waste of judicial resources in litigating over a rule that is in the process of being revised." AFL-CIO v. Chertoff
DHS Asks for Stay in No Match Rule Lawsuit
The Dept. of Homeland Security has asked a federal court to halt proceedings in a lawsuit against the implementation of its "no match letter" rule to allow it to conduct additional rulemaking to address issues brought up by business and union plaintiffs in the case. On Oct. 10, 2007, DHS was enjoined from implementing its "Safe Harbor" rule, which would have required employers to take certain steps to resolve discrepancies in reported employee Social Security numbers and to terminate employees who can't be verified as authorized to work -- or face fines ranging from $250 to $10,000 per undocumented worker. According to the motion requesting the stay, DHS will use the time to prepare a Regulatory Flexibility Act analysis, and that "[a] stay will prevent the waste of judicial resources in litigating over a rule that is in the process of being revised." AFL-CIO v. Chertoff
