Illinois E-Verify Law still requires employer compliance despite DOJ lawsuit

Key Takeaways

• Illinois E-Verify Law requires extra steps from employers starting January 1, 2025, including bilingual posters and employee notifications.
• The DOJ lawsuit challenges Illinois’ rules but has not paused enforcement; employers must still fully comply until courts decide otherwise.
• Failure to follow Illinois E-Verify Law can result in fines from the Illinois Department of Labor, irrespective of federal compliance.

Employers in Illinois who use E-Verify must keep following new state rules, even though a lawsuit by the Department of Justice (DOJ) is currently making its way through the courts. This update focuses on the steps employers must take to stay within the law, and it also explains the effect of the DOJ lawsuit. It covers what the new Illinois E-Verify Law requires, the lawsuit’s arguments, how this situation compares to federal law, and what might come next for businesses in the state.

Background and Effective Date of the New Law

Illinois lawmakers changed the Illinois Right to Privacy in the Workplace Act through Senate Bill 508. The most important changes take effect on January 1, 2025. The revised law requires extra steps from employers who use the federal E-Verify system. These changes are happening because some believe that E-Verify, while useful, can lead to unfair treatment if not used correctly, and Illinois wants to add more protection for employees.

Why the Law Changed

Illinois added these new steps due to worries about privacy and possible misuse of E-Verify. Some lawmakers and worker groups argued that without clear limits, employers might check a person’s status before hiring or retaliate against those who ask questions about their rights. The new Illinois E-Verify Law, as reported by VisaVerge.com, was designed to address these problems by spelling out what employers must, and must not, do when using the program.

Summary of Employer Requirements

The new law only affects companies that are already using E-Verify, which is a government-run online system for checking if workers are allowed to work in the United States 🇺🇸. Under both federal and state rules, using E-Verify stays voluntary unless an employer is in a special category that makes it mandatory.

From January 1, 2025, Illinois employers who use E-Verify must meet these new requirements:

• Post Notices: Employers must put up both the federal and Illinois E-Verify posters where people can clearly see them. These posters must be in English and Spanish. This helps all workers, including those whose first language is not English, know what E-Verify is and how it is used.

• Give Written Notice of I-9 Audits: If a company receives notice that the government will check its I-9 forms (the standard employment eligibility form for new hires), it must tell all employees in writing within 72 hours. This advance notice keeps workers informed and gives them time to prepare or ask questions.

• Training Attestation: Anyone in the company who manages E-Verify must receive official training from the Department of Homeland Security (DHS). After they finish the training, the employer has to complete a written statement, called an attestation, saying who completed the training and when. This record must be kept on file.

• No Pre-Screening: Employers are not allowed to use E-Verify before making a job offer or to check employees who do not need to be checked under the law. Using the system too soon, or for the wrong people, can lead to penalties.

• No Retaliation: The law says employers cannot punish or fire someone for using their rights under the Act, such as filing a complaint about E-Verify misuse or non-compliance.

Not following these steps can lead to fines or other penalties from the Illinois Department of Labor (IDOL). The IDOL is the main body that investigates complaints and checks that employers are meeting the standards set in the Illinois E-Verify Law.

How the DOJ Lawsuit Affects Employer Compliance

The U.S. Department of Justice filed a lawsuit arguing that the new state rules intrude on federal authority over immigration, which is mostly handled by the federal government. DOJ claims that these extra requirements may “conflict with” and are “preempted by federal law,” meaning they think states cannot add their own rules about E-Verify since it is a federal program.

Even though this lawsuit is important and could affect many employers in Illinois, it does not stop the law from being enforced right now. As of May 16, 2025, no court has put the law on hold or said the state can’t enforce it. Unless a judge orders otherwise, Illinois employers using E-Verify must keep following every requirement in the state’s E-Verify Law.

Legal experts have pointed out that in earlier cases, federal and state courts let states set some of their own rules as long as they do not directly contradict what employers need to do under federal immigration law. Until the courts give a final answer in the DOJ lawsuit, Illinois employers should meet both state and federal requirements to avoid state penalties.

Comparison: Federal Law and Illinois E-Verify Law

Federal immigration law makes E-Verify voluntary for most employers, except for certain federal contractors or in states where it is mandatory. The new Illinois law keeps E-Verify voluntary, but any employer who chooses to use it must now do more than what federal rules alone require. Below is a simple breakdown:

This shows that Illinois is asking more of its employers, going above the basic federal rules. Employers must learn and follow both sets of rules, which can be confusing.

Legal Process and Timeline

• 2023–2024: Illinois legislators worked on an update to the state’s rules about using E-Verify. Discussions happened in both lawmaking chambers, and SB 508 was passed.
• January 1, 2025: New rules from SB 508 take effect, adding posting, notice, and training requirements for all Illinois employers using E-Verify.
• May 2025: The U.S. Department of Justice files a lawsuit saying the state’s new rules conflict with federal immigration law. As of now, no court has blocked or changed the law’s application.

If a court later decides, for example, that Illinois cannot require the extra postings or written notices, the state would have to change or stop enforcing those parts. Until then, all the rules remain in force.

How the Lawsuit Might Affect Different Groups

• Current E-Verify Employers: These employers must keep following all the new state rules. Failing to do so could lead to fines from Illinois even if the employer is fully compliant with federal E-Verify rules.

• Companies Not Using E-Verify: These companies are not covered by the state E-Verify rules but should check if other parts of labor and immigration law affect them.

• Prospective Employees: The new law gives job seekers and existing employees more protections against being checked by E-Verify before a job offer is made or facing punishment for filing complaints.

• Immigrant Workers: The law’s transparency aims to protect workers from discrimination or surprise government checks, especially if they have legal status but face errors in the E-Verify system.

• Employers’ Human Resources Staff: HR teams must ensure staff receive the required training and keep the proper attestation records, or else the company faces penalties.

Questions Employers May Have

1. Can I wait to obey Illinois’ E-Verify requirements until the lawsuit is decided?
   No. All new rules are still in effect and must be followed until a court changes them.

2. What happens if my company misses the new posting or written notice deadline?
   Fines and penalties may follow, and the Illinois Department of Labor may investigate if it receives a complaint.

3. Are the state rules likely to change soon?
   Not unless a court issues an order. The DOJ lawsuit may eventually change how much control Illinois has, but until a judge rules, employers must follow the law as written.

4. Is E-Verify mandatory for every employer in Illinois?
   No. It is still voluntary for most employers, except those covered by separate federal requirements.

5. How do I report if I think my employer is not following the Illinois E-Verify Law?
   Complaints go to the Illinois Department of Labor, which handles investigations and may issue fines if a violation is found.

Compliance steps and best practices for employers

To avoid state-level problems, Illinois employers using E-Verify should:

• Immediately update their employee handbooks to cover notice and posting rules.
• Check that all E-Verify users in the company finish the DHS training and keep the attestation handy.
• Regularly walk through workplace areas to make sure required posters are in clear view and in both English and Spanish.
• Make a plan for who will manage government inspection notices and send written notifications to all staff within 72 hours if needed.
• Review hiring and verification procedures to confirm nobody is being checked in E-Verify too early or in ways that break the new Illinois rules.
• Document each step, so if challenged by the Illinois Department of Labor, the company can quickly prove compliance.

It is recommended that employers check the official Illinois Department of Labor E-Verify FAQ page for updates and contact legal counsel for company-specific advice.

Ongoing Legal Uncertainty and Debate

Some business groups argue that the Illinois E-Verify Law places too much of a burden on businesses, especially small employers who might not have large HR departments. Worker rights groups support the law, saying it gives employees extra protection and privacy. The DOJ lawsuit has led to debates about which level of government should have final say in workplace immigration policies.

If a court eventually finds for the DOJ, some of these extra Illinois requirements could be struck down. But until then, only the Illinois Department of Labor can penalize for missing the state rules—not the federal government. Employers should keep records and stay alert for court decisions or new orders that change which rules must be followed.

Summary and Next Steps

The DOJ lawsuit does not change the fact that the new Illinois E-Verify Law must be followed by all covered employers as of January 1, 2025. This means posting notices, giving written reports of government audits, ensuring training attestation, and not using E-Verify to screen people before hiring or otherwise misusing it. Since penalties and fines come from the Illinois Department of Labor, and the law continues to apply during the lawsuit, immediate Employer Compliance is necessary to avoid problems.

Employers should pay attention to updates from both the courts and state officials, consult with experienced legal advisers, and visit sites like VisaVerge.com for up-to-date news as this situation develops.

Disclaimer:
This summary does not count as legal advice. For the best results, employers should speak with a qualified attorney to understand how the Illinois E-Verify Law and DOJ lawsuit affect their specific situation. For more information, check the Illinois Department of Labor E-Verify FAQ page or reach out to a trusted legal professional.

Learn Today

E-Verify → An online federal system for employers to confirm if employees are authorized to work in the United States.
I-9 Audit → A government review of employers’ employment eligibility forms (I-9s) to ensure legal hiring practices.
Training Attestation → A written record verifying that staff responsible for E-Verify have completed official Department of Homeland Security training.
Preemption → A legal concept where federal law overrides state law when both address the same subject, like immigration rules.
Retaliation → Punishing or firing an employee for exercising their legal rights, such as reporting misuse of E-Verify.

This Article in a Nutshell

Illinois employers using E-Verify face stricter state rules from January 1, 2025, including required bilingual posters and formal training documentation. Despite a DOJ lawsuit arguing federal preemption, state regulations remain in effect. Full compliance with both federal and Illinois E-Verify provisions is essential to avoid state fines or investigations.
— By VisaVerge.com

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