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‘No Match’ Rule Reissued While Injunction Remains in Place
The controversial federal no-match rule — which would compel employers to fire workers who are unable after 93 days to resolve a mismatch between their name and Social Security number in the Social Security Administration's (SSA) data base — is back in the news.
Touted by the Department of Homeland Security (DHS) as a means of uncovering illegal immigration status, the original rule was scheduled to go into effect last September, but was blocked by a coalition of civil rights organizations, businesses, labor groups and the U.S Chamber of Commerce, with support from NAHB.
The rule’s opponents cited rampant inaccuracies in the SSA records, a failure to consider its cost to businesses and its potentially disastrous impact on legal workers who could be fired. A federal judge agreed, and issued a nationwide preliminary injunction barring the rule from taking effect and also preventing SSA from mailing “no-match” letters to employers.
DHS responded by withdrawing the original no-match rule, promising to reissue it after making revisions designed to address the concerns raised by the federal court, including conducting an analysis of the regulatory costs to small businesses.
However, when the department reissued the rule in a March 26 proposal in the Federal Register, the content was the same as in the original, although it was accompanied by some “clarifications.” DHS is in the process of analyzing the regulatory burden of the rule, and preliminary data estimates that the annual cost to businesses will range from $3,000 to $33,000, depending on the number of employees.
Although promised revisions were not made in the "supplemental proposed rule," the proposal is subject to a complete "start from scratch" rule-making process, including an opportunity to submit comments.
NAHB members are encouraged to submit comments by April 25 on the rule and its impact on their business.
To submit comments, click here to go to The Federal eRulemaking Portal. Follow the online instructions for submitting comments.
Or mail a letter to: Marissa Hernandez, U.S. Immigration and Customs Enforcement, 425 I St., NW, Suite 1000, Washington, D.C. 20536. To ensure proper handling, reference DHS Docket No. ICEB– 2006–0004 on the correspondence.
For assistance in submitting comments, e-mail A.J. Holliday at NAHB, or call him at 800-368-5242 x 8305.
The rule-making process will take many months to complete. However, comments must be filed very soon. Meanwhile, the federal injunction barring implementation of the original rule and the mailing of no-match letters remains in effect. (For a detailed explanation of the original no-match rule’s requirements, click here.)
For more information, e-mail David Crump at NAHB, or call him at 800-368-5242 x8491.
 Mark Your Calendar for the 2008 NAHB Legislative Conference
The 2008 NAHB Legislative Conference provides a unique opportunity for builders to meet with their members of Congress, discuss the issues that affect their business and bottom line and establish a lasting relationship with their elected federal officials.
The day-long conference on Wednesday, April 30 coincides with the NAHB spring board meeting in Washington, D.C.
Builders are encouraged to travel to the nation’s capital to urge their representatives and senators to support policies that stabilize housing, restore confidence in the credit markets and bolster the nation’s economy.
Members of Congress are being urged to:
- Support a temporary home buyer tax credit to boost sales, reduce excess inventory in housing markets and halt the dangerous erosion of house prices
- Enact Federal Housing Administration modernization to assist first-time and moderate-income home buyers and alleviate the mortgage credit crunch
- Adopt comprehensive reform legislation for Fannie Mae and Freddie Mac to enable these financial institutions to provide badly needed liquidity to the mortgage market
- Expand the mortgage revenue bond program to help strapped borrowers refinance existing loans
- Allow businesses to carry back net operating losses for five years to save jobs and help them weather the economic storm
For more information and to register for NAHB’s 2008 Legislative Conference, click here; or e-mail Molly Murray at NAHB, or call her at 800-368-5242 x8282.
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