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Greg Siskind on Immigration Law and Policy

JUSTICE DEPARTMENT GIVES BLESSING TO NO MATCH RULE

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Concerns about whether complying with the safe harbor provisions of the No-Match rule released today by DHS will expose employers to liability under IRCA's anti-discrimination rules (which are enforced by the Justice Department) have been addressed in a statement published by DOJ online today:

An employer that receives an
SSA no-match letter and terminates employees without attempting to resolve the
mismatches, or who treats employees differently or otherwise acts with the
purpose or intent to discriminate based upon national origin or other
prohibited characteristics, may be found by OSC to have engaged in unlawful
discrimination.  However, if an employer
follows all of the safe harbor procedures outlined in DHS's no-match rule but
cannot determine that an employee is authorized to work in the United States,
and therefore terminates that employee, and if that employer applied the same
procedures to all employees referenced in the no-match letter(s) uniformly and
without the purpose or intent to discriminate on the basis of actual or
perceived citizenship status or national origin, then OSC will not find
reasonable cause to believe that the employer has violated section 1324b's
anti-discrimination provision, and that employer will not be subject to suit by
the United States under that provision.



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  1. George Chell's Avatar
    Incompetent George Bush's last stand! GOP congressmen will burn on November 4th.
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