Stay Granted in Case Challenging DHS Safe Harbor Rule for Employers Receiving No-Match Letters

On December 14, 2007, District Court Judge Charles R. Greyer granted the Department of Homeland Security’s motion to stay the proceedings in AFL-CIO v. Chertoff, Case No. 07-CV-4472 CRB (N.D. Cal.) pending new rulemaking planned by DHS to address the court’s concerns. On October 10, 2007, Judge Greyer had issued a preliminary injunction enjoining DHS and the Social Security Administration (SSA) from implementing the Final Rule entitled “Safe-Harbor Procedures for Employers Who Receive a No-Match Letter.” The new rule identifies the receipt of a no-match letter from the SSA as evidence that the employer had “constructive knowledge” that the employees listed in the letter were not authorized to work in the United States unless the employer takes certain steps within a specific time frame. The case is scheduled for a status conference on March 28, 2008. DHS has appealed the preliminary injunction to the 9th Circuit.