Category Archives: No Match Letters

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Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the California Fair Employment and Housing Act (FEHA).  In its decision, the Court also found that the affirmative defenses of unclean hands and after‑acquired evidence, … Continue Reading

Final No-Match Letter Rule Announced

On October 23, 2008, DHS announced the issuance of the Final Supplemental Rule in furtherance of the No-Match Safe Harbor Regulations published in August of 2007. As readers may recall, those regulations gave employers a procedure to follow in responding to "No Match" letters issued by the Social Security Administration. Following the procedure would allow … Continue Reading

While The Federal Government Remains Serious About Immigration Enforcement, Its “No-Match Letter” Program Remains In Limbo

Through increased fines and a proposed regulation defending its "no-match letter" program, the federal government continues to enforce the prohibition against illegal employment.  Earlier this year, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) increased civil fines for employers that violate immigration laws.  The increased penalties are the result of an … Continue Reading

SSA will not issue No-Match letters in 2007

Based in large part upon the federal court injunction barring the implementation of the USCIS regulations providing a safe harbor for employers who follow specific steps after receiving a no-match letter, the Social Security Administration has announced that it will not issue any No Match letters in 2007. Under the current plan, the earliest any … Continue Reading


On October 10, 2007, a U.S. federal court judge issued a preliminary injunction, preventing implementation of the “no-match letter” program developed by the Department of Homeland Security.  The “no-match letter” program was designed to crack down on the employment of undocumented immigrants.  Under the proposed program, employers notified of a “no-match” can be "safely harbored" … Continue Reading

Federal Court Stays New Rule Requiring Employers To Terminate Employees Who Cannot Prove Their Right To Work In The United States

The Social Security Administration ("SSA") regularly issues "No-Match" letters to employers when it determines that the information provided by an employee on his or her W-2 form does not match that found in the SSA’s database.  On August 15, 2007, the Department of Homeland Security adopted a new rule entitled "Safe Harbor Provisions for Employers … Continue Reading

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