U.S. District Court for the Northern District of California

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Case Updates

Case dismissed

November 18, 2009

The parties who challenged the Department of Homeland Security’s (DHS) ‘No-Match’ rule agreed to withdraw their case after DHS rescinded the controversial rule.

U.S. Chamber files challenge to DHS’s No-Match regulation

January 09, 2009

Litigated from 2007 to 2009, the ‘No-Match’ rule would have imposed new, onerous procedures on employers that receive letters from the Social Security Administration (SSA) stating that social security numbers used by their workers do not match records in the SSA database. NCLC first challenged the rule and obtained a preliminary injunction from the district court because DHS failed to complete the economic impact assessment that is required by the Regulatory Flexibility Act. In 2008, DHS published a supplemental final ‘No-Match’ rule that was unchanged from its previous rule, and NCLC again challenged the rule in district court. NCLC argued that DHS ignored its own experts’ economic impact assessments, failed to consider how the rule would affect small organizations and governments, understated the compliance costs, and failed to account for the major changes in the economy since September 2008.

Chamber’s complaint filed 9/7/07. Chamber’s motion for a preliminary injunction filed 9/11/07. Reply to defendants’ opposition to plaintiffs’ motions for preliminary injunction filed 9/25/07. Order granting plaintiffs’ preliminary injunction issued 10/10/07. Chamber’s amended complaint filed 10/19/07. Court order granting DHS time to develop or amend regulations dated 12/14/07. DHS issued final rule on 10/23/08. Plaintiffs’ motion for summary judgment and opposition to defendants’ motion for summary judgment filed 1/9/09. DHS rescinds rule 7/8/09. Case dismissed 11/18/09.

Case Documents