The Latest on 'No-Match' Letters

Recent statistics have suggested that several million people are working in the United States illegally. See generally, Michael Hoefer, Nancy Rytina and Christopher Campbell, Department of Homeland Security, Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2005 (2006). On Aug. 10, 2007, U.S. Immigration and Customs Enforcement (ICE), a division of the U.S. Department of Homeland Security (DHS), announced new regulations to help federal authorities and U.S. employers identify illegal workers who have used fraudulent documents to obtain employment. Every year, the Social Security Administration (SSA) and ICE send 'no-match' letters, titled 'Employer Correction Requests' (SSA) and 'Notice of Suspect of Documents' (ICE), notifying employers that certain of their employees' Social Security numbers or immigration data do not match the employees' names in official records. The new ICE regulations provide employers with specific instructions on how to address these no-match notifications properly, and create a 'safe harbor' for those employers who follow the instructions carefully. An employer who receives a no-match letter but does not follow the instructions or take other appropriate action may risk a later ICE determination that the employer had 'constructive knowledge' that the employee(s) at issue were working illegally. This could expose the employer to civil penalties and, in certain circumstances, to prosecution.