Department of Homeland Security Secretary Janet Napolitano has announced the Department will be proposing a new regulation rescinding the Social Security Administration No-Match Rule – a regulation issued by the Bush Administration in August, 2007 and enjoined by a U.S. District Court since it was introduced.

The Rule was intended to address an employer’s obligations in response to receipt of a social security number mismatch notice from the Social Security Administration.  The Rule stated that receipt of a SSA no-match letter could be used as evidence that the employer has constructive knowledge that an employee lacks work authorization. The No-Match Rule also made clear that an employer who did not follow the guidelines would be susceptible to an I-9 violation and possible fines in the event of a workplace audit or raid.

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