Despite DOJ Lawsuit, Employers Must Comply with E-Verify Law

 Posted on May 23, 2025 in Immigration

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.

If you, as an employer, have questions regarding E-Verify, or if you are an immigrant who has questions regarding any area of immigration, it can be beneficial to speak to a knowledgeable Bloomingdale, IL immigration lawyer. Immigration laws seem to change almost from week to week, so it is helpful to have an attorney who keeps up with these changes and can help you achieve your immigration goals.

What is E-Verify?

E-Verify was implemented by the United States Department of Homeland Security. The goal of the E-Verify website is to assist businesses in determining the eligibility of their employees to work in the United States. E-Verify was first implemented as a voluntary program in California, Florida, Illinois, Nebraska, New York, and Texas, but is now available in all 50 states. E-Verify is mandatory for federal employers and contractors.  

What Are the Additional Obligations Added Under the E-Verify Law in Illinois?

There are several obligations that the state added to federal E-Verify laws. These include:

• Staff who use E-Verify must receive training.
• E-Verify may not be misused for pre-screening.
• Staff using E-Verify must provide formal attestations of compliance to the state.
• Employers must display federal and state E-Verify notices in the workplace.
• Employers must provide written notice to all employees within 72 hours whenever a government inspection of I-9 employment eligibility is expected – in all relevant languages.

Businesses that fail to meet these obligations can be assessed state civil fines.

What is the Basis for the DOJ Challenge to the State E-Verify Law?

The DOJ argues that SB 508 complicates the use of E-Verify and that the state is essentially stepping on the federal government’s toes regarding immigration law enforcement. The DOJ further argues that the Supremacy Clause of the U.S. Constitution is violated by SB 508 and that the state is not allowed to threaten employers with fines and penalties or impose its own "confusing" rules regarding E-Verify.

The biggest issue the DOJ appears to have with the Illinois version of E-Verify is that federal immigration enforcement is undermined by the advance notification requirements that alert employees of I-9 audits. The federal government claims that because SB 508 even prescribes the time, place, and manner of those employee notifications, it goes beyond what is permissible under federal law.

What Should Illinois Employers Know?

The lawsuit filed by the DOJ is in the very early stages. As such, Illinois employers remain legally obligated to continue to comply with SB 508. The Right to Privacy in the Workplace Act must be posted in the workplace, along with the E-Verify Notice, which can be obtained from the Illinois Department of Labor. Employers must continue to ensure E-Verify users are trained and must promptly notify employees of an upcoming I-9 inspection.

Contact a DuPage County, IL Immigration Lawyer

Attorney Steven Mevorah has served the needs of immigrants across Northern Illinois for more than four decades. It is in your best interests to speak to an experienced Naperville, IL immigration attorney from Mevorah & Giglio Law Offices. Call 630-932-9100 today to schedule your free consultation.