Republicans Angered by Repeal of 'No Match' Rule

Congressional Quarterly Homeland Security
August 19, 2009 Wednesday
By Rob Margetta, CQ Staff

Congressional Republicans are decrying the Department of Homeland Security's decision to repeal its "no match" rule, a system to let employers know if their workers are ineligible to work in the United States.

"No-match letters help employers who want to follow the law to identify employees that may be working in the U.S. illegally," said House Judiciary Committee ranking Republican Lamar Smith of Texas.

"There are currently an estimated seven million illegal immigrants working in the U.S. Meanwhile, there are 12.7 million Americans looking for jobs.

Citizen and legal immigrant workers should not have to compete with illegal immigrants for scarce jobs.

By repealing the no-match rule, this administration is putting illegal immigrants before the best interests of the American people."

The George W. Bush administration's no-match rule tasked the Social Security Administration with sending employers, employees and the self-employed letters when names or Social Security numbers on tax forms did not match the agency's files.

The rule outlined actions that employers could take after receiving such letters.

Homeland Security in July announced its intention to abandon the no-match rule, saying its leadership favors the "E-Verify" employee-checking system.

A release from the department called attention to the fact that the rule has never been implemented -- it was held up in litigation shortly after its creation in 2007.

"E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce," Homeland Security Secretary Janet Napolitano said at the time.

The department filed notice it was rescinding the rule in the Federal Register on Tuesday.

That move drew the ire of some conservatives, including Sen. David Vitter, R-La., who proposed an amendment to the fiscal 2010 Homeland Security appropriations bill (S 129 prohibiting its funding from being used to change the no-match system. The Senate adopted the amendment by voice vote a day after Homeland Security announced its decision to abandon no-match. The bill is now awaiting conference committee action.

"This filing by the Department of Homeland Security further exemplifies the need for my 'No Match' amendment to remain in the final DHS appropriations bill," Vitter said. "My amendment passed with unanimous support of my colleagues, signifying that members of Congress recognize the need for greater workplace enforcement measures, not less."

Rob Margetta can be reached at rmargetta@cq.com

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