Federal Court Overturns Illinois E-Verify Law

In a recent decision released with little fanfare, the Federal District Court for the Central District of Illinois has ruled that section 12(a) of the Illinois Right to Privacy Act is invalid under the Supremacy Clause of the U.S. Constitution. United States of America v. State of Illinois, case number 07-3261, issued March 12, 2009. The Illinois Act sought to prohibit Illinois employers from participating in the Department of Homeland Security (DHS) E-Verify program until the Social Security Administration and DHS databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employers within 3 days.

Unless the decision is appealed by the State of Illinois and overturned on appeal, this decision clears the way for Illinois employers to participate in the DHS E-Verify program. General information on E-Verify can be seen by clicking here.

The decision on whether an employer should voluntarily participate in E-Verify is a difficult one for many companies. If you have any questions on this issue, please contact an attorney at Zulkie Partners to schedule a consultation.