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Social Security Administration "No-Match" Letter Toolkit  (3rd Edition)

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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.
 

Materials for Advocates, Organizers, and Workers

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Facts About the Social Security "No-Match" Letter (2-pager) (rev. 3/26/08)

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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  (1/08)

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Litigation/Injunction
  • Preliminary Injunction Issued: Court Blocks Government from Implementing Flawed Social Security "No-Match" Rule (see below)

  • How Does the New DHS Rule about Social Security "No-Match" Letters Affect the Federal Lawsuit and Injunction? (see below)

  • What the Order Granting a Preliminary Injunction Means for the DHS Rule about Social Security "No-Match" (see below) 

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For Workers in a Union

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For Workers Without a Union

Dept. of Homeland Security Rule: "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter"

whitebal.gif (211 bytes) 2008 | Supplemental Proposed Rule (published Mar. 26)

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2007 | Final Rule: Litigation/Injunction
whitebal.gif (911 bytes) 2007 | Final Rule
whitebal.gif (911 bytes) 2006 | Proposed Rule

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."

  • DECOR employee letter, or "Retirement, Survivors and Disability Insurance: Request for Employee Information" (SSA letter sent directly to workers)

  • DECOR employer letter, or "Retirement, Survivors and Disability Insurance: Request for Employer Information" (SSA letter sent to employers about individual workers) 

  • *EDCOR letter, or "Retirement, Survivors and Disability Insurance: Employer Correction Request" (SSA letter sent to an employer about a group of workers)

  • *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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FORTHCOMING  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

whitebal.gif (911 bytes) 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.

Additional Resources on No-Match

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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.

FIND AN ADVOCATE!

To find an advocate in your area, or for additional information on no-match issues, please contact: 

  • Tyler Moran, NILC employment policy analyst, 208-333-1424 or moran@nilc.org. 

   
   
   
   
   
   
   
   

 

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