DHS offers amendment
to employment regulation
Mar 26, 2008 2:17 PM
The Department of Homeland Security (DHS) is proposing to amend its regulations that provide a safe harbor from liability under section 274A of the Immigration and Nationality Act for employers who follow certain procedures after receiving a notice from the Social Security Administration (SSA) or DHS that casts doubt on the employment eligibility of their employees.
The proposal refers to a "no-match letter" from SSA or a "notice of suspect document" from DHS, according to information published in the Federal Register March 26.
A prior final rule related to the subject was published August 15, 2007. However, on October 10, 2007, implementation of that rule was preliminarily enjoined by the United States District Court for the Northern District of California. The court based its preliminary injunction on three findings. The DHS supplemental proposed rule clarifies certain aspects of the August 2007 Final Rule and responds to the three findings underlying the district court's injunction.
More information is available in the online Federal Register.
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