Is the Safe Harbor program still in litigation? I have not heard anything about letters of notification regarding SS discrepancy.
I think so. The most recent articles we have discussing the case in question are here: AFL-CIO v. Chertoff (N.D. Cal. 2007) The most recent thing I found elsewhere is a February 2008 article from Occupational Health and Safety Online.
Of course, that’s hardly a definitive answer…
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The Department of Homeland Security has released a Supplemental Proposed Rulemaking for the No-Match Rule (pdf).