A federal court in California has issued a temporary restraining order barring implementation of the Social Security no-match rule. The rule, issued by the Department of Homeland Security, was to have taken effect on September 14. To read the TRO, click here. To read about the no-match rule, click here.
The lawsuit that resulted in the TRO was brought jointly by the AFL-CIO, the American Civil Liberties Union, and the National Immigration Law Center. The court found that the plaintiffs had raised serious questions as to whether the rule was in conflict with relevant statutes and whether DHS had exceeded its authority.
DHS will be prohibited from implementing the new rule until after a hearing, which is scheduled for October 1, 2007. Although the TRO applies nationwide (not just in California), Constangy recommends that employers continue to comply until further notice. We will keep you posted on the outcome.