View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DHS/USICE RIN: 1653-AA50 Publication ID: Spring 2008 
Title: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter; Clarification; Initial Regulatory Flexibility Analysis 
Abstract: The Department of Homeland Security (DHS) is proposing to amend its regulations that provide a “safe harbor” from liability under section 274A of the Immigration and Nationality Act for employers who follow certain procedures after receiving a notice from the Social Security Administration (SSA) – called a “no-match letter” – or from DHS – called a “notice of suspect document” – that casts doubt on the employment eligibility of their employees. The prior final rule was published on August 15, 2007 (the August 2007 Final Rule). Implementation of that rule was preliminarily enjoined by the United States District Court for the Northern District of California on October 10, 2007. The district court based its preliminary injunction on three findings. This supplemental proposed rule clarifies certain aspects of the August 2007 Final Rule and responds to the three findings underlying the district court’s injunction. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 274a.1     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1324a   
Legal Deadline:
Action Source Description Date
Other  Judicial  District Court status conference  03/28/2008 

Overall Description of Deadline: Implementation of Final Rule was preliminarily enjoined; deadline is next status conference before the court.

Timetable:
Action Date FR Cite
NPRM  06/14/2006  71 FR 34281   
NPRM Comment Period End  08/14/2006    
Final Rule  08/15/2007  72 FR 45611   
Supplemental NPRM  03/26/2008  73 FR 15944   
Supplemental NPRM Comment Period End  04/25/2008    
Second NPRM  05/00/2008    
Final Action  10/00/2008    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Ms. Marissa Hernandez
National Program Manager, Worksite Enforcement
Department of Homeland Security
U.S. Immigration and Customs Enforcement
Office of Investigations, 425 I Street NW.,
Washington, DC 20536
Phone:202 307-0071