Safe-Harbor Procedures for Employers Who Receive a No-Match Letter: Rescission

The Department of Homeland Security (DHS) is amending its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of No-Match letters. DHS is amending its regulations as proposed on August 19, 2009, without change. Implementation of the 2007 final rule was preliminarily enjoined by the United States District Court for the Northern District of California on October 10, 2007. After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E- Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.

Agency Contact: National Program Manager Charles McClain, U.S. Immigration and Customs Enforcement, Office of Investigations--MS 5112, 500 12th Street, SW., Washington DC, 20536. Telephone: 202-732-3988 (not a toll-free number).