As discussed in our August 14, 2007 Legal Alert, the Department of Homeland Security (DHS) issued its final rule setting forth a safe harbor from liability for employing unauthorized aliens for employers who follow certain procedures in responding to a Social Security Administration (SSA) No Match Letter or a DHS Notice of Suspect Documents (Safe Harbor rule). That rule subsequently was enjoined by a federal district court in California and currently is not in effect.

See full alert for more information.