2007-13 - SPECIAL ALERT

 Last week, we informed you about the Department of Homeland Security (“DHS”) campaign to step up worksite enforcement procedures. Part of this campaign is the new "Safe Harbor" regulation setting forth specific steps for employers to follow (and time-frames for those steps) upon receiving information that one or more employees may not be authorized to work in the United States. The regulation was slated to go into effect on September 14, 2007.

 Late last week, the AFL-CIO, ACLU and others filed a lawsuit against DHS in a San Francisco federal court requesting a temporary restraining order to halt implementation of the new regulation. On Friday, August 31, just in time for Labor Day, U.S. District Court Judge Maxine M. Chesney issued a restraining order, preventing DHS from implementing its new regulation, at least until an October 1, 2007 hearing.

 At the October 1 hearing, U.S. District Court Judge Charles Breyer will decide if the Court should issue an injunction pending a trial on the issues raised in the lawsuit. If the injunction is issued, it would mean that implementation of the regulation would be postponed indefinitely pending the outcome of a trial.

 The proposed regulation gave employers a “safe harbor” to avoid being charged with immigration violations. Though the rule has been put on hold, employers still must comply with the existing law. Employers who receive a “No Match” letter from Social Security should contact labor counsel right away to insure best practices are followed, as should employers who suspect that they may have an as yet undetected compliance problem. Please call your contact at the firm if you have any questions about this important legal development.

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