On August 19, 2009 the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would rescind the “Safe Harbor” regulation that the Bush administration initially promulgated on August 15, 2007. This rule has encountered much opposition and has been enjoined by the courts since that date. The Bush Administration had proposed establishing a “Safe Harbor” procedure for employers to follow whenever they received a No-Match letter from the Social Security Administration. Under this rule, employers who satisfied the “Safe Harbor” requirements would not be subject to civil and/or criminal enforcement actions on that basis. Upon further review, and under the new Obama administration, DHS has decided to focus enforcement efforts relating to the employment of unauthorized foreign nationals on improved compliance participation in the E-Verify, IMAGE or other programs. Comments on the proposed rule must be submitted no later than September 18, 2009.
