It’s looking less and less likely that the Social Security No Match Rule – currently held up by litigation filed by employer, employee and pro-immigration groups – will be enforced before the new president and new Congress take office early in 2009. On Wednesday (Sept. 10), the Department of Homeland Security filed a motion to postpone a planned status conference between the litigants that was to have taken place today (Sept. 12). The motion was unopposed, meaning the soonest the conference could happen now is Oct. 31. It’s not the first time the issue has been delayed – DHS requested a previous postponement back in July. According to employment law attorney Ron Guerra of Jordan Schrader Ramis PC, the mounting delays mean it is increasingly likely that the next Congress or president will step in in 2009 before the rule can be enforced as currently proposed. Nonetheless, Guerra this week advised businesses to understand, and comply with, all I-9 requirements under the law. Then they will be ready for any eventuality.
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