Client Alert

Immigration News - September 17, 2007    

September 17, 2007

The Immigration Practice Group

* Federal Court Temporarily Enjoins Implementation of DHS "No-Match" Letter Regulation
* Important Immigration Seminar on September 26 & 27

Federal Court Temporarily Enjoins Implementation of DHS "No-Match" Letter Regulation

On August 31, 2007, a federal court in San Francisco entered a temporary restraining order halting the implementation of a new Department of Homeland Security (DHS) regulation entitled "Safe Harbor Procedures for Employers Who Receive a [Social Security] No-Match Letter." The DHS regulation had been scheduled to take effect on September 14, 2007. See Paul Hastings' "Immigration News," August 10, 2007. Under the terms of that regulation, employers failing to follow the procedures set out in the rule -- including terminating employees who cannot resolve no-match discrepancies or cannot demonstrate their eligibility to be employed using other documents -- could be found by DHS to have knowingly employed an unauthorized worker.

The San Francisco court found that the plaintiffs (the AFL-CIO and others) had "raised serious questions as to whether the new Department of Homeland Security rule is consistent with statute and beyond the statutory authority of the Department of Homeland Security and the Social Security Administration." The court prohibited DHS and the Social Security Administration from taking any action to implement the rule, including mailing no-match letters that include a guidance letter from DHS on procedures to follow under the rule. The court will hold a hearing on October 1, 2007 to determine whether the injunction against implementation of the rule should be extended.Important Immigration Seminar on September 26 & 27
The Global Personnel Alliance (GPA) and Paul Hastings will sponsor a seminar on Global Immigration Issues, to be held in Washington, D.C. on September 26 & 27. The seminar will focus on the major developments over the past year and will feature speakers from Capitol Hill, the Department of State and the Department of Homeland Security.

Speakers include:

• Anna Amato, Immigration Manager, Corporate Legal, The Coca-Cola Company
  Irene Bassock, Counsel, The Hartford

• Blake Chisam, Legal Counsel to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, House Judiciary Committee

• Bo Cooper, Past General Counsel, Immigration and Naturalization Service, Head of Paul Hastings' Washington, D.C. immigration practice

• Dan Brown, Past Acting Director of Policy, Immigration and Customs Enforcement, and now with Paul Hastings

• Daryl Buffenstein, Past national President and former General Counsel, American Immigration Lawyers Association; and co-Chair of the Paul Hastings immigration practice

• Tony Edson, Deputy Assistant Secretary, Visa Services, Bureau of Consular Affairs, Department of State

• Lynden Melmed, Chief Counsel, U.S. Citizenship and Immigration Services, Department of Homeland Security

• Esther Olavarria, General Counsel to Senator Edward M. Kennedy, Chair of Subcommittee on Immigration, Border Security, and Citizenship, Senate Judiciary Committee

• Alisa Seminara, Director and Counsel, Global Head of U.S. Immigration Law, Citigroup Global Markets, Inc.

• John Shofi, Section Chief, Worksite Enforcement Unit, U.S. Immigration and Customs Enforcement, Department of Homeland Security - (Invited)

• Kathie Snyder, Paralegal Specialist, International Legal Team, Delta Airlines 
  Lydia Tamez, Esq., Associate General Counsel, Microsoft Corporation

For questions and to Register
Contact Christina Kolesar christinakolesar@paulhastings.com or 213-683-5646.

RSVP by clicking here.