74 Fed.Reg. 51447 (October 7, 2009)A DHS final rule rescinds the "no-match" rule, effective November 6, 2009. The "no-match rule" would have required employers to take timely steps after receiving a "no-match" letter from the Social Security Administration (SSA) or the Department of Homeland Security (DHS). An employer who took the steps would enjoy "safe harbor" against future allegations that the employer had "constructive knowledge" that the employee referred to in the letter was not authorized to work in the United States. Although the rule became effective September 14, 2007, litigation in federal court resulted in a preliminary injunction that prevented DHS and SSA from implementing and enforcing the rule.
In the preamble to the rescission rule, DHS explained the administration's basis for rescinding the no-match rule: "After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E–Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs."