U.S. District Judge Charles Breyer ruled that the Social Security Administration (SSA) and the Department of Homeland Security (DHS) could not implement a plan to issue approximately 140,000 no-match letters to employers whose employee's name and social security number does not match agency records, or where the employee's immigration documentation was not assigned to that employee. Under the regulations, employers would be required to attempt to resolve any discrepancies within 90 days. If they were unable to do so, they would then have to terminate the impacted employee or risk liability for continued employment.

The "no match" letters were scheduled to be issued on September 14, 2007, but were suspended after labor groups and immigrant activists filed a federal lawsuit and requested an injunction. The judge initially granted a temporary restraining order against implementation of the regulations while reviewing the merits of the injunction request. The injunction blocks implementation of the government's plan until the underlying lawsuit is resolved. However, the government is expected to appeal the injunction. If it is successful, the regulations could be implemented while the lawsuit is pending.

Jackson & Hertogs is monitoring the lawsuit and will post additional information as it becomes available.

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