Department of Homeland Security Rescinds Controversial "No Match" Employment Rule

On September 30, 2009, I wrote about the government requirement that imposed upon contractors on certain federal projects a mandate to use the “E-Verify System” to verify a worker’s eligibility to work in the U.S. Employers were required to fire employees whose E-Verify information failed to match government SSA database information. (See “Compliance by Federal Contractors with the E-Verify System Became Mandatory Effective September 8, 2009”).
On October 9, 2009, the Department of Homeland Security (DHS) rescinded the rule. In 2007, several organizations, including the American Civil Liberties Union, National Immigration Law Center, and American Federation of Labor and Congress of Industrial Organizations had filed suit against DHS, claiming that clerical errors and inaccurate records could threaten legal U.S. workers.
At least two courts had issued injunctions to prevent the law from taking effect, while an Arizona federal court had refused to issue such an injunction. The governor of Rhode Island had issued an executive order requiring state agencies and contractors doing business with the state to use the E-Verify System. Both the Bush and Obama administrations supported the law.
[Source: Andrew Morgan, “DHS rescinds controversial 'no-match' employment rule,” Jurist, 10/9/09]

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