Last week, District Judge Charles Breyer of the U.S. District Court, Northern District of California refused to lift an injunction against the Bush Administration's revised Social Security "No-Match" Rule until late February, 2009. The initial No-Match rule was to take effect on September 14, 2007. However, the implementation of the rule was delayed due to litigation led by United Fresh, alongside the U.S. Chamber of Commerce, National Roofing Contractors Association and American Nursery and Landscape Association. The lawsuit was filed on the basis that certain procedures, including an analysis of the law's economic impact on small businesses, were not followed.

In the Federal Register on March 24, 2008, the Department of Homeland Security (DHS) published a Supplemental Proposed Rulemaking for the No-Match Rule, and on October 23, 2008, DHS announced the Supplemental Final Rule, which was meant to address the procedural issues raised in the lawsuit.

"This decision by the court is a prudent one, as the Supplemental Final Rule appears to have little changed the actual rule that was published last year," said Kam Quarles, vice president of government relations and legislative affairs for United Fresh. "The produce industry believes that enforcement and reform must go hand-in-hand. The procedural flaws that our legal team identified upset that delicate balance and we are pleased that the Court is taking a thorough approach to considering the Administration's revisions." With this court ruling, the incoming Obama Administration could seek to further consideration of the merits of this rule once they take office.