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Immigration News - October 4, 2007

October 05, 2007

By The Immigration Practice Group

Federal Court Extends Temporary Injunction Against Implementation of DHS "No-Match Letter" Regulation

On October 1, 2007, after a hearing on a request by the plaintiffs (the AFL-CIO, the U.S. Chamber of Commerce, and others) for a preliminary injunction, a federal court in San Francisco extended for ten more days an order temporarily halting the implementation of the final Department of Homeland Security (DHS) regulation entitled "Safe Harbor Procedures for Employers Who Receive a [Social Security] No-Match Letter." On August 31, 2007, the federal court had issued an order temporarily restraining the implementation of the rule until the October 1st hearing. See Paul Hastings' "Immigration News," September 17, 2007. In its August 31, 2007 restraining order, the court found that there are serious questions as to whether there is statutory authority to issue the new rule. The court prohibited DHS and the Social Security Administration from taking any action to implement it, including mailing out no-match letters that included guidance from DHS on procedures to follow under the rule.

At the October 1st hearing, the court extended its temporary restraining order and indicated that it would rule within ten days on the request for a longer-term preliminary injunction. Some comments made by the judge during the hearing appear to indicate a significant possibility that the court will issue a preliminary injunction against the implementation of the rule. Paul Hastings will continue to monitor the situation and will send out additional updates once the court issues a decision.

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