Illinois

Enacted Legislation

HB 1743: Final version (May 16, 2007) provides that it is a civil rights violation for an employer, based on the receipt of information from the Social Security Administration or from any other government agency that an employee's name and Social Security number do not correspond, to require that employee to reverify work authorization documents, to inquire as to that employee's work authorization, or to otherwise take any adverse action against that employee, unless the Attorney General of the United States issues final regulations to the contrary. Provides that it is also a civil rights violation for any employer, any agent of any employer, any employment agency, or any other entity to use the Basic Pilot Program for Employment Eligibility  Confirmation to conduct certain employment verification or reverification or to take certain adverse actions against the employee. Effective June 1, 2008.

To view the final version of this bill, click here.

Public Act 095-0138: In legislation that was originally slated to take effect on January 1, 2008, Illinois sought to buck the nationwide trend toward requiring employers to use E-Verify and, instead, passed a law that would prohibit employers from enrolling in E-Verify until the Social Security Administration and Department of Homeland Security databases are able to make a determination within three days on 99% of the tentative nonconfirmation notices issued to employers. However, the federal government challenged the legality of the law in federal court, and on March 11, 2009, the U.S. District Court for the District of Illinois invalidated these provisions of the act. Other requirements set out in the act, however, were not challenged in the lawsuit and presumably remain in effect, and they impose detailed restrictions on employers that elect to use E-Verify.

To view the final version of the bill as it existed prior to the District Court decision, click here.

To see the District Court decision, see U.S. v. Illinois, 2009 WL 662703 (C.D. Ill., 2009).

HB 643 (now Public Act 096-0171) amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. In provisions concerning training grants for skills in critical demand, provides as follows: no employee may be an unauthorized alien; permits on-site grant monitoring visits to verify employment dates and wages; requires applicants to certify employment at an Illinois facility and employee information; and authorizes audits.