The Dept. of Homeland Security proposes to clarify its regulations providing a “safe harbor” for employers who follow certain procedures after receiving notice from either the Social Security Administration or DHS that casts doubt on a worker’s employment eligibility.

DHS first published a proposed rule in June 2006 that would have required employers to follow up and resolve discrepancies after receiving a “no match letter” from SSA about mismatches in the name and social security number of a worker and what is contained in the SSA’s database, or after receiving a “notice of suspect document” from DHS. If the discrepancy was not resolved, employers would be required to terminate individuals or face liability for employing unauthorized aliens. The final rule was published in August 2007 setting out safe harbor procedures for employers, but the rule was enjoined by federal court at the request of union and employer groups.

The supplemental rules do not change the safe harbor procedures, but instead clarify the position DHS would take if employers receive a no match letter and follow up, or fail to follow up on it.