The U.S. Department of Justice recently filed a lawsuit against the state of Illinois, claiming that a state law interferes with federal immigration authority. Illinois state law requires E-Verify employers to provide employees with advance notice of Form I-9 inspections and other obligations that federal law does not require. Since a similar California law was recently upheld, the employee notice requirements in Illinois could potentially survive the DOJ challenge.
The Department of Justice alleges in its lawsuit (United States v. State of Illinois, 1:25-cv-0481) that SB 508 in Illinois – the new E-Verify amendment – encroaches on the authority of the federal government by adding state rules to the process of employment verification. SB 508 amended Illinois’ Right to Privacy in the Workplace Act, taking effect on January 1, 2025. At the same time, it imposed additional obligations on employers who are enrolled in E-Verify.