According to a final rule published in the October 7, 2009 Federal Register, the Department of Homeland Security ("DHS")  is rescinding its "no match" rule.  Employers sometimes receive letters from the Social Security Administration ("SSA") informing them that social security numbers and employee names submitted to the SSA do not match SSA records.  These letters are commonly referred to as "no-match letters."  One reason for a no-match letter is that the employer has submitted information for an alien who is not authorized to work in the United States and who is using a false social security number or a social security number assigned to someone else.  Under the no-match rule, which was issued in August 2007 and supplemented in October 2008, the Social Security Administration was required to include with no-match letters information telling the employers that they would be required to resolve discrepancies or face liability.

The no-match rule was challenged in the U.S. District Court for the Northern District of California, which issued a preliminary injunction barring enforcement of the rule.  DHS has now decided to rescind the rule, explaining that it is going to focus its enforcement efforts on increased participation in E-Verify and other employment verification programs.   A more detailed discussion of the "no match" rule and the practical implications of its withdrawal can be found in the Kilpatrick Stockton Legal Alert entitled "Department of Homeland Security Revokes Its Rule on No-Match Letters."  Please visit: http://www.kilpatrickstockton.com/publications/legal-alert.aspx?ID=385.