Monday, November 3, 2008

Employment Law and Immigration Law: DHS Issues Supplemental Rule

I picked up this news from with its article DHS Issues Supplemental 'No-Match' Rule, Pushes Enforcement:

While companies cope with financial market gyrations and a slowing economy, they have to keep an eye on immigration law.

In the latest move, the Department of Homeland Security took what it hopes is a decisive step toward forcing companies to act when employee names and Social Security numbers on tax forms don’t match information in the Social Security database.

On Thursday, October 23, Homeland Security Secretary Michael Chertoff announced a final supplemental rule that he said would answer most of the questions posed by a federal judge in Northern California who put an injunction on the original regulation. Chertoff is confident it will go into effect.

Under the regulation, companies would have to clear up “no-match” discrepancies within 93 days or fire employees in question. A no-match letter could serve as evidence that a company violated immigration law.