Preliminary Injunction Blocks Final ‘No-Match’ Rule Indefinitely

October 2007Alerts Immigration Practice Area Alert

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On October 10, 2007, the United States District Court for the Northern District of California granted a preliminary injunction to prevent the Federal Government from taking action under the Final Rule known as the “Safe-Harbor Procedures for Employers Who Receive a Mismatch Letter.” The Rule will remain blocked indefinitely until the court makes a final ruling on whether or not the Rule is legal. The injunction applies to the entire country, not just northern California.

The injunction provides employers in targeted industries - such as hospitality, manufacturing, and construction - an ideal time to perform an internal “check up” to examine compliance levels, particularly since identifying and correcting problems can be the basis of a “good faith” defense in an investigation. Fox recommends a strategic private internal audit of I-9s, as well as an examination of hiring practices, policies, and procedures.

For more information regarding this Alert, or if you require assistance with your company's immigration issues, including IRCA compliance, social security mismatches, I-9s, raid planning, audits, or investigations, please contact the author or another member of Fox Rothschild's Immigration Practice.