11/19/07 Attorney sees weak government case on "no-match" rule

Washington Ag November 19, 2007 A trial date has yet to be set in the challenge to the Department of Homeland Security's No-Match rule, which would make Social Security Administration no-match letters on employee social security numbers constructive knowledge to the employer of an immigration problem. The federal government has been enjoined from mailing the new mismatch letters pending trial. Julia Anna Potts, General Counsel of the American Farm Bureau Federation questions if there will even be a trial. Potts: "I really think it remains to bee seen if the government pursues this to trial. That is certainly what they are going to do right now. But it certainly does not look good for the government's case and there are some immigration commentators who have said they think this is dead in the water." While letters cannot be sent under the proposed rule, Potts says employers may still get some form of the old no-match letters. What to do? Potts: "I think the best course of action now is keep the letters and follow the recommendations by DHS, that you checkout and try to correct any mismatches." Potts spoke recently at the Washington Farm Bureau Labor Conference. I'm Bob Hoff.