The Department of Justice Files Complaint Against Illinois for Encroaching on Federal Immigration Authority

WASHINGTON - The United States has filed a complaint against the state of Illinois, the Illinois Department of Labor (IDOL), Jane Flanagan, Director of IDOL, and Kwame Raoul, the Attorney General for the state of Illinois, alleging that the implementation of SB0508, which amended Illinois’s “Right to Privacy in the Workplace Act,” infringes on federal immigration authority. By imposing confusing rules during the employment verification process and threatening employers with penalties if they do not comply, SB0508 discourages and complicates the use of E-Verify and Form I-9 inspection requirements. E-Verify allows any U.S. employer to electronically confirm the employment eligibility of newly hired employees and Form I-9 is used to verify the identity and employment authorization of individuals.

“This Department of Justice is committed to protecting American workers, employers, and enforcing federal immigration law,” said Attorney General Pamela Bondi. “Any state that incentivizes illegal immigration and makes it harder for federal authorities to do their job will face legal consequences from this Administration.”

On day one, President Trump declared a “national emergency” at the southern border from the unprecedented illegal entry of aliens into the country. To stop this illegal immigration crisis, President Trump instructed the federal government to ensure “that employment authorization is not provided to any unauthorized alien in the United States.” In the wake of this national crisis, “[e]nforcing our Nation’s immigration laws” is paramount.

Based on its enumerated constitutional and sovereign powers to conduct relations with foreign nations, the Federal Government has broad authority to establish immigration laws, the execution of which States cannot obstruct or take discriminatory actions against. Despite these prohibitions, the employment of unauthorized aliens by United States employers remains a substantial problem and encourages illegal entry into the country. Indeed, employment is one of the primary reasons aliens choose to enter the country illegally.

The United States’ complaint alleges SB0508 violates the Supremacy Clause of the U.S. Constitution, along with laws enacted by Congress to combat the employment of illegal aliens, including the Immigration Reform and Control Act of 1986, which prohibits employers from knowingly hiring, recruiting, referring, or employing aliens without appropriate work authorization.

Moreover, SB0508 imposes additional notification requirements on employers (at times delineating the time, place, and manner in which notification must be provided) and prohibitions that go beyond federal law. SB0508 also imposes sanctions on employers for failure to adhere to those requirements with civil fines as high as $10,000. Not only are these fines inconsistent with federal law, but such advance notice requirements could prompt an alien employee to not show up to work on the day of inspection or avoid detection by immigration authorities.

The case is United States v. State of Illinois et al., No. 1:25-cv-04811 in U.S. District Court for the Northern District of Illinois.

The claims asserted by the United States are allegations only, and there has been no determination of liability.