On November 23, 2007, Judge Charles R. Breyer granted a stay at the request of the Department Of Homeland Security ("DHS"), effectively putting a hold on the litigation surrounding the provisions of the DHS's "Safe Harbor" rule. The rule, which was published in the Federal Register on August 15, 2007, would have required the Social Security Administration to inform employers that they could face civil and criminal penalties if they failed to follow DHS's "Safe Harbor" procedures upon receipt of a "No Match" letter.
The stay has been granted until March 24, 2008, giving DHS an opportunity to review its regulations and to revise them according to the concerns articulated by the judge in granting his preliminary injunction on October 10, 2007. DHS has ordered a Regulatory Flexibility Act analysis in order to determine the rule's effect on small businesses. DHS has argued that continued litigation over a rule that is currently under revision would be a waste of judicial resources, and
