Widespread opposition to using SSA “no match” letters for immigration law enforcement.

The proposed safe harbor procedures for employers receiving “no match” letters from the Social Security Administration or the Dept. of Homeland Security have been criticized by an array of business associations, trade and other advocacy groups. Currently, the no match letters are issued when there are discrepancies between the employee’s name and social security number or work authorization. According to the U.S. Chamber of Commerce, the proposed rules would make employers liable for knowingly hiring undocumented immigrants if the discrepancy is not cleared up in 60 days. “[E]mployers should not be presumed guilty for what SSA readily admits could be a spelling error, name change due to marriage or divorce, or an incomplete W-2 form,” says the Chamber. The American Immigration Lawyers Association predicted that the rule change would promote discrimination and termination of lawful employment if verification did not come within the safe harbor time limits. The comment period for the proposed rules ended August 15.