March 2009

A resolution nears | Capitol Hill

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A resolution nears

Litigation continues regarding DHS's "no-match" rule

by Duane L. Musser
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As a new Congress and presidential administration get under way, the outlook for efforts to address immigration issues is uncertain. However, NRCA anticipates a major victory on an immigration issue of great interest to the roofing industry—the Department of Homeland Security's (DHS') so-called "no-match" rule. An important preliminary victory was achieved in December 2008, and it is anticipated this ultimately will lead to major modifications or rescinding of the rule.

A flawed rule

DHS first proposed the no-match rule, which is purportedly aimed at cracking down on illegal immigration, in 2006 and in August 2007 issued a final regulation as a key component of the Bush administration's plan to address immigration issues with regulatory tools after the collapse of comprehensive immigration reform legislation in Congress.

If implemented, the rule would require employers to terminate employees who receive Social Security Administration (SSA) no-match letters if discrepancies cannot be resolved within 90 days. Employers who fail to terminate employees caught in this situation would be liable to prosecution with...

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