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Greg Siskind on Immigration Law and Policy

MORE FUN ON THE WAY: SOCIAL SECURITY NO MATCH RULE COMING THIS MONTH

Rating: 4 votes, 5.00 average.

Just got word from a reliable source in DC that the Department of Homeland Security is planning on releasing last year's proposed rule on employers' handling of no match letters released by the Social Security Administration. These letters inform employers when the SSA learns that the name and social security number of an employee do not match. These letters originally started being sent a few years back because SSA wanted to find out what to do with the growing size of the no match account (which I understand is now about $100,000,000,000). Much of this money was paid by undocumented immigrants using false social security numbers, though some of these letters are generated when people change names, an employer errs in its report of the number to SSA, the worker accidentally gave the wrong number, etc.



To date, this has been a very confusing area for employers and their immigration lawyers. Some are in the school that these letters do not constitute notice that a worker is not in valid status and employers who terminate or suspend employees after getting these letters might constitute discrimination. Others say that these notices do constitute notice and employers continuing to employ workers who cannot demonstrate that they've corrected the problem would potentially be violating the Immigration and Nationality Act.



DHS' rule will presumably resemble the 2006 proposed rule and it will settle the question that employers will be considered to be on notice when these reports come in and they will have deadlines to resolve the question or be considered to be on notice that they are employing people unlawfully.



I'll have more to say on this as soon as I get an advanced copy of the rule.

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  1. Lew Orban's Avatar
    Here is how you solve this crisis.....Number one you pass a law that gives all illegal immigrants 120 days to register and or leave the country. If the people are acting and living 5+ years in the USA like citizens they will be granted citizenship. If they are temporary workers they must register for a green card and carry it at all times and follow all laws. At 120 days any child born in the USA to an illegal citizen will be illegal too! At 120 days if any illegal immigrant is caught all USA citizens or people or business or government employees giving each of them safe harbor or support will be fined $5000 dollars per individual. The following will be charged $5000 fine for any help given, Landlords, Employers, Banks, DHA Government Employees, Hospitals, Any government agency, Lawyers, Restaurants etc. etc......any individual who gives any support will pay a $5000 fine. One immigrant could stack up fines of $100,000+ based on everyone involved. This process also allows all employers and agencies to help those illegal immigrants become legal temporary workers. Green cards do not get any benefits from this country based on this program. See you have to take away the reasons for coming here and they will go home and not come here! You must fine the behavior that is supported by our own citizens you can not fine an illegal immigrant because he or she has no money and all fines will pay for the transport and jailing or deportation and programs for all immigration activities and enforcement here in the USA....no tax dollars for this program! Watch how fast these people leave this country because they will get no support.....and your problem is solved! This is the way to make an impact that is lasting and fair for all!
    Obewan
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