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Chertoff Takes Aim at ACLU Over No-Match Litigation

In unusually direct terms, Homeland Security Chief Michael Chertoff last Friday took aim at the American Civil Liberties Union (ACLU) for its attempts to halt the implementation of the Department's new no-match regulations issued in August of this year. By blocking the implementation of those regulations, Chertoff stated that the ACLU has taken a position that is "bad for America's law-abiding employers and their legal workers" and only encourages illegal behavior and easy exploitation of workers. "The only real beneficiaries of the ACLU's strategy," Chertoff declared, "are employers who would rather close their eyes to cheap and profitable illegal labor than obey the laws of our country."

The Secretary further chided the ACLU for declaring victory over the Department of Homeland Security, which in the face of a court injunction entered in October, has chosen to reissue the regulations after accepting additional comments from small business. According to Chertoff, "Far from abandoning the No-Match Rule, we are pressing ahead by taking the district court's order to the Ninth Circuit Court of Appeals. At the same time, we will soon issue a supplement to the rule that specifically addresses the three grounds on which the district court based its injunction." (DHS Press Statement, December 5, 2007).

The no-match regulations issued by DHS last August targeted businesses that hire multiple illegal aliens. Currently, if the Social Security Administration determines that the information submitted on 10 or more employees from one business does not match its records, the Administration issues what is called a "no-match" letter, informing the employer of the discrepancy. Until now, there have been no consequences for employers who ignore this notice. Under the new no-match regulations, a business that receives a no-match notice from the Social Security Administration would now be required to take a series of steps to ensure that the employees with discrepancies are authorized to work in the United States. If neither the business nor the employee can resolve the discrepancy, the employer would be required to terminate the employee unless the employee could provide other independent documentation demonstrating work eligibility.