U.S. Immigration and Customs Enforcement (ICE), a bureau within the U.S. Dept. of Homeland Security (DHS), has issued proposed regulations regarding an employer’s legal obligations upon receiving a letter from the Social Security Administration (SSA) stating that the information submitted for an employee does not match SSA records (otherwise known as an SSA “no-match” letter) or a notice from DHS that the immigration document establishing employment authorization presented by the employee does not match DHS records.  Under the proposed rule, ICE could use the receipt of either of these letters as evidence that the employer has “constructive knowledge” that an employee is unauthorized to work.  The proposed rule includes “safe harbor” procedures that such an employer should follow in order to avoid liability under section 274A(a)(2) of the Immigration and Nationality Act.

      These proposed regulations are subject to a 60-day public comment period; written comments were due on or before Aug. 14, 2006.  NILC has prepared a summary of the proposed rule as well as other background information and advocacy resources regarding it.  The latter include detailed comments submitted to ICE by the Low-Wage Immigrant Worker Coalition, of which NILC is a co-convener.