The U.S. Department of Justice (DOJ) has filed a complaint against Illinois and the Illinois Department of Labor (IDOL) for allegedly interfering with the federal government’s immigration enforcement efforts. The DOJ claims that the implementation of SB0508, which amended Illinois’ “Right of Privacy in the Workplace Act,” infringes on federal immigration authority. Through allegedly imposing confusing rules during the employment verification process and threatening employees with penalties if they refuse to comply, the DOJ claims IDOL discourages people from using the E-Verify and Form I-9 inspection requirements.
E-Verify allows any U.S. employers to confirm the employment eligibility of new hires. Meanwhile, Form I-9 verifies individual’s identity and employment authorization. The DOJ argues that, by discouraging people from filling out E-Verify and Form I-9, SB0508 violates the supremacy clause of the U.S. constitution. They also claim it goes against the Immigration Reform and Control Act of 1986, which prohibits U.S. employers from knowingly hiring individuals without appropriate work authorization.
Employers that don’t comply with SB0508 could be hit with fees as high as ten thousand US dollars. These fines, coupled with the additional notification requirements, could prompt undocumented migrant employees to not show up to work during inspection by immigration authorities. This loophole is the primary reason for the DOJ filing the complaint against Illinois.
This complaint is the latest in a series of efforts by the federal government to assert its authority over state and local authorities in matters such as immigration. Immigration authorities have begun collaborating with local law enforcement in some states and counties, and the federal government is viewing the policies of sanctuary cities with greater levels of scrutiny. Foreign residents are highly encouraged to research the cooperation between local and federal immigration authorities in their place of residence.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
