Illinois State Law Prohibiting the use of E-Verify is Overturned by U.S. District Court
The U.S. District Court for the Central District of Illinois has ruled that the Illinois law prohibiting employers from participating in E-Verify is invalid due to a violation of the Supremacy Clause (i.e. the state law conflicted with federal immigration law). The outcome of this lawsuit further underscores that the U.S. is moving towards E-Verify or similar system and punctuates the present necessity for employers to ensure their I-9 Forms are in compliance with the law. By taking action now, employers will be more comfortable with the transition to E-Verify if and when required to use this program.
The decision permanently enjoins the State of Illinois from enforcing this state law. This opinion may be appealed or the state legislature may pass another law in response to the decision. The law was scheduled to take effect on January 1, 2008, but the state agreed to not enforce this law until the lawsuit had been adjudicated.
Read the full text of the decision – available here.
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