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Court Strikes Down Illinois Ban on E-Verify
Posted on Friday, April 24 @ 02:17:13 EDT
Topic: State Laws Immigration illegal legal
State Laws Immigration illegal legalA federal court sitting in Illinois has stricken down a controversial 2007 Illinois law, dubbed “The Right to Privacy in the Workplace Act,” which barred the state’s employers from using the federal E-Verify system to determine whether job applicants were legally allowed to work in the country.

Historically, over 900 Illinois employers have used E-Verify, according to the Department of Homeland Security (DHS). The Illinois bill recognized E-Verify’s well-publicized problems related to the speed and accuracy of its results and prohibited employers from using it until it became more accurate and more efficient, and yielded correct results 99 percent of the time.

Topics: Illinois, E-Verify, Department of Homeland Security, U.S. District Court, Supremacy Clause of the U.S. Constitution

April 22, 2009
Business & Legal Reports, Inc.

DHS challenged the law in federal court, arguing that it was unconstitutional because it frustrated the federal government’s intention in developing the E-Verify system for employers’ use. The filing of the suit delayed the law’s January 1, 2008, effective date pending the results of the litigation.

The U.S. District Court for the Central District of Illinois agreed with DHS, finding the state law invalid under the Supremacy Clause of the U.S. Constitution because it thwarted Congress’s intention that employers use the system. The case is United States v. Illinois, U.S. District Court for the Central District of Illinois, No. 07-3261 (3/12/09).

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