On August 10, 2007, the U.S. Department of Homeland Security announced several procedural changes to strengthen enforcement of existing federal immigration laws. The DHA finalized a set of regulations that employers must follow when they receive a so-called “no-match” letter from the Social Security Administration. The new “no-match” rule will go into effect in September 2007.
Prior to this regulation, “no-match” letters were used to inform employers that the social security number submitted on the employee’s W-2 form did not match SSA records. The purpose was to inform the employee that they would not receive credit for their earning which can affect SSA benefits.
The new regulations change an innocuous administrative tool into an enforcement tool to uncover undocumented workers. The regulation requires employers to resolve the discrepancy within 90 days. If the employer is unable to resolve the discrepancy within that time period, they are required to fire the employee.
Thus, the employer has two choices:
· Either terminate the employee and risk lawsuits by employees who believe they were unfairly or discriminatorily fired -or-
· Continue the employment and risk severe civil or criminal sanctions from DHS.
If the employer ignores a “no-match” letter, they will be in violation of federal immigration laws. DHS is planning to increase civil fines against employers for immigration violations and will seek criminal charges against those they believe to be the worst offenders.
Employers often receive “no-match” letters for simple clerical mistakes or when a person fails to register a change of name. There is often a long bureaucratic delay in correcting records.
Employers that fail to do so are faced with tough choices and the employees are left with out jobs. The affect of this regulation will make itself known this fall. DHS states that about 15,000 letters will be mailed each week in the first 2 months. The construction, agriculture, and hospitality industries are facing serious worker shortages.
Many employees have been told that they will be fired upon receiving one of these letters. In addition, many employees will walk off the job as soon as they are told there is a problem with their social security number. This is going to have a dramatic impact on the work force, as well as other parts of American society. Many immigrants may move farther into the shadows of the underground economy rather than returning to their home country. The main effect will be to drive undocumented workers to work off the books for lower wages, under worse conditions and subject to more abuses.
Contact your Senator today to call for workable solutions that keep immigrant families together and provide a path to citizenship for all who have built a life in the United States.
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