Safe-Harbor FAQs

Answers     My Stuff        Login       Help   Search Browse Search by Topic      Search by Keyword   Search Tips      Search By      Phrases Similar Phrases Exact Search Complex Expression Answer ID     Answers Available   Recommended Documents 1 Copy of Safe-Harbor Regulation   57 Answers Available     Page:  1 2 3  of 3    Summary   1 What should an employer do when it receives a Social Security Administration (SSA) No-Match letter? 2 Where can I report individuals who are illegally present in the United States? 3 Will ICE attempt to criminally prosecute employers engaged in the practice of hiring illegal workers? 4 Has the government published any regulations about how to respond to No-Match letters? 5 What are the fines and penalties associated with unlawful employment? 6 What should an employer do upon learning from others or the employee that an employee is unauthorized to work or has provided fraudulent identification? 7 Why do employers receive a letter from Department of Homeland Security (DHS)/Immigration and Customs Enforcement (ICE) along with a Social Security Administration (SSA) No-Match letter? 8 Does use of the Employment Eligibility Verification Program E-Verify (formerly Basic Pilot), SSNVS and IMAGE programs qualify an employer for "Safe-Harbor" under the regulation? 9 What is actual knowledge? 10 Should an employer simply disregard the No-Match letter from the Social Security Administration (SSA)? 11 The Social Security Number Verification Service (SSNVS) returned a mismatch for an employee. The employer checked its records, but did not make a typographical error. What should the employer do? 12 How can an employer verify the authenticity of the documents presented by an employee? 13 The employer received a Social Security No-Match letter. The employer and employee were unable to resolve the discrepancy or complete a new Form I-9. Must the employer terminate the employee 93 days after receiving the SSA No Match letter? 14 What are the currently accepted documents for Form I-9? 15 Will an employer be liable for discrimination charges brought by the United States if he/she terminates the employee after following the safe harbor procedure? 16 What is constructive knowledge? 17 An employee received a SSA No-Match letter. The employer has known the employee for years and believes the individual to be a U.S. citizen. The employee did not resolve the No-Match issue within 90 days and would not complete a new Form 18 An employer receives a No-Match letter from SSA and the employee has been unable to resolve the No-Match within 90 days. In the Form I-9 re-verification procedure, on days 91-93 is the employee allowed to present a state driver’s license a 19 Does DHS/ICE have authority to investigate and pursue sanctions against employers who employ unauthorized workers? 20 At the time the employee completed the initial Form I-9, the employee provided a state drivers license and birth certificate indicating that the individual was born in the United States. Both documents appeared to be genuine on their face. Page:  1 2 3  of 3

On August 31, 2007, the U.S. District Court for the Northern District of California issued a temporary restraining order in AFL-CIO, et al. v. Chertoff, et al. (N.D. Cal. Case No. 07-CV-4472 CRB). The temporary restraining order against the Department of Homeland Security and the Social Security Administration enjoins and restrains those agencies from implementing the Final Rule entitled "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter".