DOJ Alleges Illinois Workplace Privacy Law Infringes Federal Immigration Authority

The DOJ said the state law obfuscates federal requirements on employment eligibility, by adding layers of protection for employees and ‘confusing’ requirements.

Attorney General Pam Bondi speaks at a news conference regarding immigration enforcement at the Justice Department, Wednesday, Feb. 12, 2025, in Washington. Ben Curtis/AP Photo

The Department of Justice (DOJ) said on May 1 that it has filed a complaint against Illinois and its Department of Labor, alleging that the state’s Right to Privacy in the Workplace Act interferes with federal immigration authority.

The complaint, filed in the Northern District of Illinois, states that the recent amendment to Illinois’s workplace privacy law usurps the federal government’s control of employment eligibility verification.

“Any state that incentivizes illegal immigration and makes it harder for federal authorities to do their job will face legal consequences from this Administration,” Attorney General Pamela Bondi said in a statement.

The DOJ said the state law includes provisions that complicates the use of E-Verify and deter employers from using the system in their hiring process. E-Verify is a federal program that allows employers to electronically confirm the employment eligibility of a job applicant.

Senate Bill 508, which took effect on Jan. 1, states that employers in Illinois “shall not voluntarily enroll” in the E-Verify program unless legally required, according to a summary of the bill.

It also requires employers to notify employees of any inspections of I-9 Employment Eligibility Verification forms, which are used to verify an employee’s identity and ability to work in the country, within 72 hours of receiving the inspection notice.

This notification requirement, the DOJ said in its complaint, could cause an employee who is working illegally in Illinois to skip work on the day of inspection or to “abscond indefinitely” to avoid detection by immigration authorities.

The complaint states that Illinois’s law “discourages the use of E-Verify, frustrates innovation of employment eligibility verification, and obfuscates E-Verify and Form I-9 inspection requirements by adding layers of protection for employees and imposing onerous and confusing notice requirements for Illinois employers beyond those required” under the federal immigration law.

The DOJ said the state’s rules violate the Supremacy Clause of the U.S. Constitution and other federal laws designed to combat the employment of illegal aliens in the country, and asked the court to issue a preliminary injunction to block Illinois from enforcing some provisions.

The Epoch Times has reached out to the Illinois Department of Labor for comment but did not receive a response by the time of publication.

The complaint follows another lawsuit filed by the Trump administration against the state of Illinois over its immigration policies. In February, the DOJ filed a lawsuit against Illinois, along with the City of Chicago, and several officials, arguing that their immigration policies and sanctuary status obstruct federal immigration enforcement efforts.

The complaint contends that by refusing to honor civil detainers and warrants authorized by Congress, Illinois and Chicago have effectively dismantled key mechanisms needed by federal immigration officials to carry out their duties.

Illinois Gov. JB Pritzker told CNN on Jan. 26 that he supports the removal of violent criminals but emphasized the need to protect long-term residents who contribute positively to society.

“We need to get rid of the violent criminals, but we also need to protect people, at least the residents of Illinois and all across the nation, who are just doing what we hope that immigrants will do,” Pritzker said.

Tom Ozimek contributed to this report.