Homeland Security Rule Would Cause 'Irreparable Harm' to Workers

Oct. 10, 2007

WASHINGTON, Oct. 10 /PRNewswire/ -- Federal District Court Judge Charles Breyer today issued a preliminary injunction blocking enforcement of the Department of Homeland Security's new "No Match" rule until the case can be heard in full. Last month, the United Food and Commercial Workers International Union (UFCW), United Food and Commercial Workers Local 5, UNITE HERE, UNITE HERE Local 2 and Change to Win filed a complaint in intervention. Following is a statement from Anna Burger , Chair of Change to Win, on winning the injunction:

"Workers won today with a federal court ruling prohibiting the Department of Homeland Security (DHS) from enforcing its 'no match' rule that could lead to workers being arbitrarily fired from their jobs. The ruling is a victory for fundamental fairness and sound public policy.

"The Social Security Administration (SSA) sends 'no match' letters when a worker's W-2 information doesn't match SSA records in order to reconcile errors and ensure proper crediting of earnings. 'No match' letters were never intended to be used to determine immigration status. In today's ruling, the judge agreed that enforcement of the rule will likely result in the firing of 'lawfully employed workers' including citizens and immigrants, and thus will cause 'irreparable harm to innocent workers and employers.' The judge also agreed that the serious legal questions we raised about the 'no match' rule, in combination with 'the balance of hardships' that 'tips sharply in plaintiffs' favor,' justified granting our request.

"Change to Win was built on the promise to restore the American Dream by uniting workers in the industries and occupations of the 21st century. We must enact reforms that ensure fair treatment and legal protection for all workers, including immigrant workers. Forcing employers to rely on the Social Security Administration's 'no match' letters to determine legal working status -- a purpose for which they were not designed -. opens the door for discrimination and worker exploitation."

About Change to Win

Seven unions and six million workers united in Change to Win to build a new movement of working people equipped to meet the challenges of the global economy and restore the American Dream in the 21st century: a paycheck that can support a family, affordable health care, a secure retirement and dignity on the job. The seven partner unions are: International Brotherhood of Teamsters, Laborers' International Union of North America , Service Employees International Union, UNITE HERE, United Brotherhood of Carpenters and Joiners of America, United Farm Workers of America, and United Food and Commercial Workers International Union.

SOURCE Change to Win

Copyright © 2007 PR Newswire Association LLC. All Rights Reserved.