Despite the fact that a District Court judge has issued a preliminary injunction barring the Department of Homeland Security from implementing its No-Match rule, the agency has released a new rule that is identical to the proposed rule issued last spring (which was virtually identical to the 2007 rule enjoined by Judge Brier). It is to take effect immediately after publication in the Federal Register and that should happen in the next few days. Here is the rule that is about to be published. I'll have a detailed summary up shortly. My sources are telling me that the litigants in the prior case will be seeking a new preliminary injunction immediately.
No-Match Letter final rule - Free Legal Forms
No-Match Letter final rule - Free Legal Forms
Can someone please help me understand something: I may not be a US citizen and hence not that educated in the matters of constitution and law but how in God's name can any government agency (and by implication bureaucrats) go ahead and begin implementing a rule that the judiciary has issued an injunction against? Are we not a nation ruled by laws? And believe me, the question is not being asked rhetorically :)
Posted by: Alix | October 24, 2008 at 12:29 AM
One more thing..with elections ten days away these rules are irrelevant and is subject to change next year.
Posted by: Goerge Chell | October 23, 2008 at 01:21 PM
This is the last gasp of a dying and incompetent Bush Administration!
Posted by: George Chell | October 23, 2008 at 01:20 PM