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The Department of Homeland Security's Proposed "No-Match" Regulation

Immigration laws have always been an ever-changing maze of enforcement and loopholes.

Nowadays, as a result of the great number of illegal immigrants in America and the need for the immigration comprehensive reform bill , any smart business owner realizes that they need the help and guidance of an immigration attorney urgently.

It is much less or a headache to seek legal counsel in regards to compliance with current immigration requirements and laws such as the Basic Pilot Program than to seek legal guidance upon receipt of notice that you are being investigated or arrested by the FBI or Immigration and Customs Enforcement (ICE).

The President Bush Administration has allocated millions of dollars to ICE to specifically crack down on employers hiring illegal immigrants. ICE is not only sanctioning the suspected employers but also prosecuting them with criminal charges and forfeiture of millions of dollars from them.

In 2006, ICE conducted the largest employer enforcement raid in the history of the United States.

As part of the Department of Homeland Security’s (DHS) current focus of enforcing sanctions and prosecuting employers who hire illegal aliens, DHS recently proposed its “No-Match” regulation to clarify employer’s obligations in resolving questions regarding employment eligibility and to help the government crack down on those employers who knowingly hire illegal workers.

FACTS:

  • Millions of social security numbers provided by employers do not match the information in the social security administration’s (SSA) databases.
  • In some cases when an employer has ten or more employees with inaccurate information, the SSA sends the employer a “no-match” letter.
  • DHS’s proposed “no-match” regulation outlines clear steps that employers can take in reaction to these letters.
  • This regulation would also create a safe harbor for employers who undertake good faith efforts to verify their employees’ eligibility.
 
   
   
   
   

 

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