This information was last updated on March 31, 2009.
PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.
Effective Date: Law Struck Down By US District Court*
Status: Signed into law August 13, 2007
Impact: Illinois has taken a unique approach with Public Act 95-0138. The act states "Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the E-Verify (formerly Basic Pilot) program, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative non-confirmation notices issued to employers within 3 days, unless otherwise required by federal law."
*The law was scheduled to take effect on January 1, 2008, but was not enforced after a lawsuit was filed against the state by the DHS. On March 11, 2009, United States District Court Judge Jeanne E. Scott permanently enjoined the state of Illinois from enforcing the law.
Note: The Illinois Right to Privacy in the Workplace Act requires employers to sign an attestation form at the time of E-Verify enrollment acknowledging that they have received E-Verify training materials from the Department of Homeland Security (DHS) and have completed the Computer Based Tutorial (CBT). Furthermore, employers must acknowledge that they have posted required notices in a prominent place clearly visible to prospective employees. Click here to learn more.
The law, which became effective Jan. 1, 2010, also requires employers already enrolled in E-Verify to complete the attestation form before Jan. 30, 2010.
DHS Press Release Regarding Lawsuit Challenging Law
DHS: Notice for Illinois Employers About E-Verify
US District Court Opinion