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DHS proposes to amend 'safe harbor' rule

The Department of Homeland Security (DHS) is proposing to amend its regulations that provide employers a safe harbor from liability under section 274A of the Immigration and Nationality Act, according to information published in the Federal Register.

The safe harbor was granted to employers that follow certain procedures after receiving a notice from the Social Security Administration (SSA), called a no-match letter, or from DHS, called a notice of suspect document that casts doubt on the employment eligibility of their employees.

However, implementation of that rule was preliminarily enjoined by the United States District Court for the Northern District of California October 10, 2007 when the court based its preliminary injunction on three findings. This supplemental proposed rule clarifies certain aspects of the August 2007 Final Rule and responds to the three findings underlying the district court's injunction.

Comments on the DHS proposal must be submitted not later than April 25, 2008. The information can be found online in the Federal Register.

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