Thread: Illinois “anti-E-Verifyâ€

03/31/09
[b]Illinois “anti-E-Verifyâ€

So it is okay in Illinois to use E-verify?

What exactly is this article saying?

Originally Posted by fedupinwaukegan

So it is okay in Illinois to use E-verify?

What exactly is this article saying?

I thought the same thing. Sounds like E-Verify has not been allowed in Illinois??? If so, would think you, fedupinwaukegan, would have heard of it. Anyone else in Illinois know?

Yes, Jean -it was my understanding IL passed a bill not allowing E-verify. But then the US, lead by Chertoff sued IL saying they can't do that. And until it was settled IL employers could use it.

I'm trying to decipher from this article if the issue has been settled.



U.S. Department of Homeland Security
Washington, DC 20528
NOTICE FOR ILLINOIS EMPLOYERS ABOUT E-VERIFY

What is the status of E-Verify in Illinois?
Earlier this year, the State of Illinois passed a new law—Section 12(a) of the Illinois Right to Privacy
in the Workplace Act—that would effectively prohibit employers in the state from enrolling in the
Department of Homeland Security’s E-Verify program. In September of 2007, DHS sued Illinois
and asked a court to declare the new law illegal. The law was scheduled to take effect on
January 1, 2008, but the state has agreed to not enforce this law until DHS’ lawsuit is over.

What does all this mean?
If your business already has enrolled in E-Verify, you may continue to use E-Verify after
January 1, 2008 to confirm that your newly-hired employees are authorized to work in the
United States. If your business has not yet signed up for E-Verify, you may enroll in the program
before or after January 1, 2008 by going to www.dhs.gov/E-Verify and following the link for
employer registration. Illinois has agreed that it will not penalize employers simply for participating
in the program, at least until the lawsuit is finished.
Are there any state requirements I have to follow before enrolling in or using E-Verify?
Possibly. For example, Illinois did pass other new laws that are not a subject of the DHS lawsuit.
Because Illinois only agreed to not enforce Section 12(a), you are encouraged to consult with a
lawyer to determine whether any of these other provisions may be applicable to your business and to
understand your rights and responsibilities under state law. DHS cannot give legal advice to
individual employers.
What should I do if the state says I violated Section 12(a)?
If Illinois state officials attempt to enforce Section 12(a) of the Right to Privacy in the Workplace Act
against your business, please contact DHS immediately at 1-888-464-4218. This would include
any attempt by the state to: (a) prevent your business from enrolling in E-Verify; (b) requiring your
business to stop using E-Verify; or (c) bringing or threatening to bring any legal action (including
fines) against your business simply for participating in E-Verify. You may also want to contact a
lawyer.
What will happen next?
The state legislature is now considering possible changes to the Illinois law. At this time, DHS
cannot predict with certainty whether Illinois will, in fact, change its law, what those changes may
be, or when the changes may occur. DHS intends to post future developments regarding the Illinois
law on the E-Verify website, www.dhs.gov/E-Verify, so employers should check that site on a
regular basis for any updates. We remain hopeful that the state will act to preserve the ability of
Illinois employers to participate in E-Verify without having to continue with our lawsuit. In the
meantime, Illinois employers are able and encouraged to take advantage of the E-Verify program.
For further questions about the Illinois law, please contact your legal advisor. For other questions
about E-Verify, please visit the E-Verify website or contact the customer service center at
1-888-464-4218.

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