The Illinois legislature sent a shot across the bow of the U.S. Department of Homeland Security (DHS) in August. It passed a law that forbids state employers from using the feds’ electronic E-Verify system to confirm employees’ eligibility to work unless the government can prove the system provides accurate and timely employee information 99% of the time.
That’s unlikely, as E-Verify often leaves some applicants’ records unconfirmed for more than 30 days.
The law also prohibits employers already enrolled in E-Verify (or other employment eligibility verification systems) from using the system unless staff have been properly trained to apply it and the employer has clearly posted notices that it is using E-Verify and will not use the system to discriminate against applicants.
The law takes effect Jan. 1, giving interested employers a chance to enroll before the new year. However, DHS filed suit to enjoin the state from enforcing the new law, arguing immigration control is the federal government’s job.