Recommend “No-Match” Letter Update: Department of Homeland Security Issues Supplemental Proposed Rule Amending “Safe Harbor” Regulations (Email)

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by Katharine Field

On March 21, 2008, the Department of Homeland Security (DHS) issued a supplemental proposed rule related to its controversial “Safe Harbor” regulations issued in August 2007. The August 2007 final rule expanded the legal definition of “constructive knowledge” by creating new legal obligations for employers upon receiving a Social Security Administration (SSA) “no-match” letter. (For a more detailed summary of the August 2007 final rule, please see our prior story, Safe Harbor Regulations Regarding No-Match Letters.) The Safe Harbor regulations were blocked from enforcement on October 10, 2007, by a federal injunction issued by Judge Charles Breyer of the Northern District of California in October 2007.


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