Labor Employment Law Blog

August 15th, 2007 -- Following up on our earlier announcement, the ICE Final Rule on safe-harbor procedures for employers who receive "no-match" or similar letters from SSA or DHS was published in the Federal Register today. Unless subsequently modified or withdrawn, this Final Rule takes effect for employers on September 14th, 2007. How the rule will apply to "no-match" or similar letters from SSA or DHS received before that date is unclear, but employers would be wise to assume that ICE will consider such prior letters as "constructive notice."

Click here to view a copy of the PDF.

August 13^th, 2007 – The Immigration and Customs Enforcement ("ICE") Agency of the Department of Homeland Security ("DHS") announced last Friday that its newest regulation - 8 CFR 247a - has been finalized and signed by Secretary Michael Chertoff.  The regulation will be published in the Federal Register this week to take effect 30 days from publication.  This long-anticipated but highly-controversial regulation will have wide-ranging impact on all U.S. employers in the context of workplace employment authorization verification.  Despite its intention to provide a "safe harbor" for employers who follow its provisions, its enforcement can still leave many employers in a catch-22 position.