09/07/07 Restraining order may not stop "no match" letters

Washington Ag September 7, 2007 A federal district court judge in northern California has issued a temporary restraining order delaying the implementation of a new Department of Homeland Security rule which would crack down on employers hiring undocumented workers. Dan Fazio with the Washington State Farm Bureau says that restraining order will not stop "no match" letters from going out. The new rule only deals with what employers have to do when they get a letter. Fazio: "Without the rule in place the Department of Homeland Security can still come to your business. They can still question you about the "no match" letters and they can still determine their opinion that you knowingly employed workers that were illegally present in our country. So, it doesn't change any of that." Fazio also points out the restraining order is only controlling authority in the district in which it was issued though other federal courts, particularly in the 9th Circuit, would treat it as persuasive authority. Fazio says a question seasonal employers have is what to do about "no match" letters for workers no longer present. Fazio: "Our opinion at Farm Bureau is that if you get a letter and the worker is not there, your sole responsibility as an employer would be to just transfer that letter, send a letter to the last known address." I'm Bob Hoff.