The "ICE" Man Cometh: An Overview of the DHS "Safe Harbor" Procedures and How to Deal With Social Security Mismatch Letters

After more than a year of anticipation, the Department of Homeland Security (DHS) has at last issued a Final Rule addressing an employer’s obligation in response to receipt of a Social Security Administration mismatch notice. While the Final Rule on Safe-Harbor Procedures for Employers Who Receive a No-Match Letter from the Social Security Administration was ostensibly designed to clear up the confusion as to just how an employer receiving a No-Match letter is supposed to react, and to create a “safe harbor” from liability for those who follow the prescribed procedures, the regulation also warns that those who receive No-Match letters in the future and fail to actively respond will be deemed by the Immigration and Customs Enforcement (“ICE”) bureau to have “constructive knowledge” of their employees’ unlawful resident status. Such constructive knowledge, in turn, can trigger severe civil, and in extreme cases criminal, penalties.

During this program, we will provide an overview of the current law, the new ICE regulations and their status, a step-by-step look at the requirements of the new No-Match rules, including required, permitted, and recommended employer responses to Social Security “No-Match” letters, the new liabilities unleashed by the wave of private civil actions being filed, and the steps employers can take to insure compliance and minimize the risk of liability.

Registration Fee: $35

Registration/Breakfast: 7:30 am to 8:00 am
Program: 8:00 am to 10:00 am

PHR/SPHR Certification Credits - This program is approved for 2 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

CLE Credits - This program is approved for 2 hours of continuing legal education credit in California.