8/20: DHS to Rescind SSA No-Match "Safe Harbor Rule" & New Resources
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NATIONAL IMMIGRATION LAW CENTER Immigrant Worker Issues
Updates & Resources
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Dear Immigrant worker advocate,
The Department of Homeland Security (DHS) has published a new rule which would rescind the "Final Safe-Harbor Rule" on Social Security No-Match Letters. Below you will find a brief explanation of the DHS rule, the steps DHS is taking to rescind the rule, and what this could mean for you as an immigrant worker advocate. Below you will also find a new resource on IRS no-match letters available on NILC's website.
Social Security No-Match
In August 2007 DHS issued a rule which would have created a "safe haven" procedure for employers to follow when they receive a Social Security Administration no-match letter. This "save haven" procedure would have led to mass firings of immigrant workers across the country. Because of a lawsuit filed by AFL-CIO, NILC and several other organizations this rule is enjoined and has not gone into effect.
In July of 2009 DHS signaled that it would rescind the DHS no-match rule. In order to accomplish this, DHS has issued a proposed rule today, August 19, 2009, which would effectively rescind the DHS no-match rule. To see a copy of what DHS has published in the Federal Register today please click here. Public comments on the proposal to rescind the rule will be accepted between now and September 18, 2009. NILC will send out model comments shortly. Following the public comment period (ending 9/18/09) DHS will issue a final rule rescinding the August 2007 rule.
While NILC is encouraged by the DHS decision to rescind this misguided rule, we are also concerned that the reason behind that decision is not the realization that this program is hurtful to all workers but rather DHS's intent to push other error-prone programs such as E-VERIFY and IMAGE.
Please be aware that the SSA no-match letter program remains intact. Today's announcement only pertains to the DHS rule, not to the no-match letter program. We do not have information about when SSA will again send no-match letters to employers.
IRS No-Match Letters:
NILC has created a fact sheet on IRS no-match letters. Periodically IRS will inform employers that the information they have submitted to the IRS regarding a workers withholdings do not match the information in the IRS database. We have started to see this program being misused by employers to fire and retaliate against immigrant workers in much the same way SSA no-match letters are misused.
Click here to read Facts About The Internal Revenue Service No-Match Letters.
REMINDER - Implementation of the FAR Rule set to begin September 8, 2009:
On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a final rule that amends the Federal Acquisition Regulation (FAR) by requiring certain federal agency contracts and subcontracts to include a provision mandating use of the E-Verify program. On July 8, 2009, DHS announced that, "after a careful review, the Administration will push ahead with full implementation of the rule" beginning September 8, 2009.
Click here to read Why the Federal Rule Requiring Government Contractors to Use E-Verify Is Bad Public Policy (http://www.nilc.org/immsemplymnt/ircaempverif/FAR-TPs-2009-07-15.pdf)=================================================================
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