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No match rule injunction issued
October 10, 2007 by Ross Runkel at LawMemo
A federal judge has issued a nationwide preliminary injunction against implementation of Department of Homeland Security's new rule entitled “Safe-Harbor Procedures for Employers Who Receive a No-Match Letter.”
The rule was scheduled to go into effect on September 14, 2007.
A group of unions and businesses sued DHS claiming that the new rule is not supported by statute, is arbitrary and capricious, is an exercise of "ultra vires" authority, and was issued in violation of the Regulatory Flexibility Act.
Full text of Order Granting Motion for Preliminary Injunction.
This will put the rule on hold for a long time - until the court gets around to deciding the merits of the case. Next year at the earliest.
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