The Department of Homeland Security (DHS) has published in today’s Federal Register a final rule rescinding the controversial “no-match” rule. The rule – which has been enjoined by a lawsuit filed in 2007 and therefore never implemented – created safe harbor procedures for employers that receive no-match letters from the Social Security Administration (SSA) or notice of suspect documents letters from the U.S. Immigration and Customs Enforcement (ICE) regarding their employees’ authorization to work in this country. In essence, the rule would have required that no-match letters or ICE notices be accompanied by a set of procedures for employers to follow to address any flagged identification discrepancies. Following the prescribed steps would allow an employer to avoid a finding that it had constructive knowledge of a worker’s illegal status, thus incurring civil and criminal liability under the Immigration Reform and Control Act of 1986.

According to DHS, the agency will instead focus its resources on alternative programs to reduce unauthorized employment, including E-Verify and ICE Mutual Agreement Between Government and Employers (IMAGE), among other programs.

The final rule is effective November 6, 2009.