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The
purpose of this toolkit is to provide updated resources to organizers,
advocates, and workers as they respond to SSA "no-match" letters and as
they launch campaigns across the country to combat misuse of the SSA
no-match program and respond to the Dept. of Homeland Security rule
published on Aug. 15, 2007.
Our
thanks to the following organizations for contributing to the first and
second editions of the toolkit: The
Chicago Workers' Collaborative; SEIU Los Angeles Nursing Home Dignity
Campaign; and Massachusetts Jobs with Justice. Our thanks also to the AFL-CIO, East Bay Alliance for a Sustainable Economy,
UNITE HERE! Local 2850, and UNITE HERE! Local 1.
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Materials for Advocates,
Organizers, and Workers |
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Facts about the
Internal Revenue Service "no-match" letter are available in
this fact sheet. |
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Facts About the Social
Security "No-Match" Letter (2-pager)
(rev. 10/09) |
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Antidiscrimination Guidance for Employers Following the Dept. of
Homeland Security's Safe-Harbor Procedures (Office of
Special Counsel for Immigration-Related Unfair Employment
Practices, 73 FR 63993-94 (Oct. 28, 2008),
below.) |
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Why DHS’s Supplemental Rule
Regarding Social Security “No-Match” Letters is Bad for Workers,
Employers, and the Economy (see
below) |
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Why the Social Security
Administration Should Terminate Its Employer "No-Match" Letter
Program (10/09) |
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Litigation/Injunction:
The "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter"
rule was rescinded via a rule published in the Federal Register on Oct.
7, 2009 (see
below). |
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For Workers in a Union
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For Workers Without a Union
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Dept. of Homeland Security
Rule: "Safe-Harbor Procedures for Employers Who Receive a No-Match
Letter"
[more info] |
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2009 | Final Rule Rescinding the "Safe-Harbor
Procedures for Employers Who Receive a No-Match Letter" Rule
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2009 | Proposed Rule Rescinding the "Safe-Harbor
Procedures for Employers Who Receive a No-Match Letter" Rule
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Proposed Rule: "Safe Harbor Procedures for Employers Who
Receive a No-Match Letter: Rescission,"
74 FR 41801-05 (Aug. 19, 2009).
"The Department of Homeland Security (DHS) proposes to amend
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." 74 FR at 41801.
For COMMENTS on the proposed rule to be considered, they
must be submitted no later than SEPT. 18, 2009.
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2008 | Supplemental Final Rule (published Oct. 28,
2008)
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Background Materials |
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Social Security Fact Sheet:
Release of Tax Year 2007 DECOR Letters. SSA is
sending DECOR letters only to workers (see "DECOR employee letter," below), and
will not send tax year 2007 EDCOR letters "before the
litigation [see
above] is settled." |
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Actual
copies of "no-match" letters. There are three types of
letters sent by SSA, and one U.S. Immigration and Customs
Enforcement (ICE) "insert letter."
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DECOR
employee letter,
or "Retirement, Survivors and Disability Insurance: Request
for Employee Information" (SSA letter sent
directly to workers)
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DECOR
employer letter,
or "Retirement, Survivors and Disability Insurance:
Request for Employer Information" (SSA letter sent to employers about
individual
workers)
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*EDCOR letter,
or "Retirement, Survivors and Disability Insurance: Employer
Correction Request" (SSA letter sent to an employer about a
group of
workers)
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*U.S. Immigration & Customs Enforcement (ICE)
"Insert Letter" (ICE letter included
with the EDCOR letter sent by SSA (see above))
*On Aug. 31, 2007, a federal district court issued a
temporary order barring the government from sending out the
EDCOR and ICE insert letters. See "Court Halts Government from Implementing
Flawed Social Security No-Match Rule." |
Employer Education Materials |
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FORTHCOMING For Employers: Myths and Facts
about the New Department of Homeland Security “No-Match” Rule.
Dispels common myths about the new rule. |
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Potential Liability Employers
Face if They Take Adverse Action against Employees Based Solely
on a No-Match Letter. Outlines the current areas of
law under which an employer could be found liable if it takes
adverse action against workers based solely on a no-match letter.
(5/08; posted 6/30/08) |
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Social Security
Administration "No-Match" Letters: Top 10 Tips for Employers
(National Employment Law Project, Nov. 2007) |
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"Look at the Facts Not at
the Faces: Your Guide to Fair Employment" (Office of
Special Council for Immigration-Related Unfair Employment
Practices) |
Legal Resources |
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FORTHCOMING Federal Employment Discrimination
Laws. Chart on the Immigration and Nationality Act,
Title VII, Americans with Disabilities Act, Age Discrimination
in Employment Act, the National Labor Relations Act, and the
Family Medical and Leave Act (3 pages). |
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FORTHCOMING Checklist for Attorneys
Representing Immigrant Workers. Co-authored with the
AFL-CIO. |
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Additional Resources on No-Match |
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Potential Economic Impacts in Oregon of Implementing Proposed
Department of Homeland Security “No Match” Immigration Rules
(2008) |
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SSA’s No-Match Program:
Implications for Immigration Enforcement and Workers’ Rights
(2003). Summary of a study on no-match conducted by the
Center for Urban Economic Development at the University of
Illinois at Chicago and NILC. |
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FIND AN ADVOCATE!
To find an advocate
in your area, or for additional information on no-match issues, please contact:
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