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Social Security Mismatch Letters

By ALM Staff | Law Journal Newsletters |
August 31, 2006

On June 14 of this year, the Department of Homeland Security (DHS) published for comment in the Federal Register proposed rules outlining recommended procedures for employers to follow in response to receiving Social Security mismatch notices. In promulgating the proposed rules, DHS outlined a new enforcement position ' namely, that no-match letters are relevant evidence that can put employers on notice about the immigration status of employees.

DHS's proposed regulations do not impose mandatory obligations; rather, they provide prescribed steps which would create a safe harbor defense to immigration charges based on mismatch notice evidence.. The proposed regulations are subject to a 60-day comment period before final publication. The comment period closed on Aug. 14, and it is likely that DHS will amend the proposal before final publication.. However, because the proposed rules address ways employers can mitigate risk under current law, prudence suggests that companies implement these processes, to the extent feasible, as soon as possible.

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