DHS Will Rescind Social Security No-Match Rule

In a proposed rule published in the Federal Register on August 19, 2009, the Department of Homeland Security (DHS) indicated it intends to rescind the Social Security No-Match Rule. The rule was originally promulgated in August 2007, and its implementation has been blocked by the U.S. District Court for the Northern District of California since October 2007.

The proposed rule states that DHS proposes to rescind the 2007 final rule and 2008 supplemental final rule. It would then reinstate the language of 8 CFR 274.1(l) as it existed prior to the effective date of the 2007 Final Rule. DHS is accepting comments from the public until September 18, 2009.

The Social Security No-Match Rule was selected for review by the Obama administration in February 2009 as part of an overall review of immigration enforcement policy. In the commentary accompanying the proposed rule, DHS states it has determined to focus its enforcement efforts on E-Verify, ICE Mutual Agreement Between Government and Employers, and other programs.

For more information regarding the Social Security No-Match Rule, see the attached August 19 Federal Register notice and previously published Faegre.com articles Obama Administration's Position on the Social Security No-Match Rule Still Under Debate, No Resolution of Social Security No-Match Lawsuit Until March 2009, What Is the Status of Social Security No-Match Notices?, Social Security No Match Notices and Update on U.S. Immigration and Customs Enforcement Rule Change.