Preliminary Injunction Granted Against Issuance of New No-Match Letters

Friday, October 12, 2007
Contributed by: Charles A. Mallard

After extending the temporary injunction to block the issuance of approximately 140,000 "no match" letters under the Department of Homeland Security's proposed new guidelines; on October 10, 2007, Judge Breyer of the U.S. District Court for the Northern District of California granted a preliminary injunction against the implementation of the government's new "no match" rules. Although the court must ultimately still issue a ruling on the application for a permanent injunction to the program, the ACLU, AFL-CIO and other labor groups who mounted the challenge are claiming that this decision is a win which prevents "the Bush administration from causing further harm to workers in this country."

White House spokesman Scott Stanzel has commented on the administration's disappointment with the ruling, wherein Judge Breyer, said that the threat of a criminal prosecution against an employer "reflects a major change in Department of Homeland Security policy," and that mailing no match letters under the new regulations "would result in irreparable harm to innocent workers and employers." Homeland Security Secretary, Michael Chertoff, has also expressed his disappointment, and defended the new regulations as a program which provided employers "clear guidance" on the actions to be taken should they receive a no match letter. In his statement, Chertoff's also indicated that the Justice Department was currently examining the decision, options, and the possibility of an appeal.

The parties have been instructed to submit proposed orders to the court by October 12, after which there will be a hearing on the permanent injunction issues.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.