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Greg Siskind on Immigration Law and Policy

SMALL BUSINESS ADMINISTRATION GOES TO WAR WITH DHS OVER NO MATCH RULE

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Download sba_opinion_on_no_match_rule.pdf



Now this was unexpected. The Small Business Administration has notified the Department of Homeland Security that it has violated federal law in releasing the final social security number no match regulation. The rule was set to take effect last week, but has been held up pending a federal judge's hearing on October 1st. This will no doubt give new ammunition to the plaintiffs in that case.



This is also surprising because it makes it clear that DHS was pretty sloppy (and, by the extension, so was the White House) and it looks like they rushed this rule out most likely for political reasons as opposed to being truly ready to go. The SBA is not ready to play ball.

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Comments

  1. Grace's Avatar
    I'm impressed that the SBA is taking on this fight. The DHS no-match rule was clearly both rushed and burdensome on employers. I suspect that this was a "red meat" offering to many of the GOP loyalists who were vehemently opposed to the proposed Comprehensive Immigration Reform that died in Congress earlier in the year.

    For once, the laissez faire business policies of this administration are working to the benefit of the little guy, both small employers and the employees who will bear the brunt of the no-match letter fall out.
  2. USC's Avatar
    On this topiv it is now:

    United States v Illinois

    http://www.nytimes.com/2007/09/25/washington/25immig.html?_r=1&oref=slogin

  3. USC's Avatar
    "Ms. Ottenhoff said lawmakers had determined the verification program had a 50 percent accuracy rate and was slow, taking up to 10 days to respond to employers."

    If the spokewoman for the Governor is right, employers might as well toss a coin to determine the legality of their workers!
  4. USC's Avatar
    American software engineers start moving to India:

    http://www.nytimes.com/2007/09/25/business/worldbusiness/25outsource.html?hp

    >>>>>For instance, when Jeff Rand, a 23-year-old American trainee, told his grandmother he was moving to India to work as a software engineer for six months, "she said, 'Maybe I'll get to talk to you when I have a problem with my credit card.' "

    Said Mr. Rand with a rueful chuckle, "It took me about two or three weeks to explain to my grandma that I was not going to be working in a call center."
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