The U.S. Department of Justice has filed a lawsuit against the state of Illinois, alleging that a state law regulating employment verification procedures interferes with federal immigration authority. The complaint, filed in U.S. District Court for the Northern District of Illinois, challenges Illinois Senate Bill 0508, which amended the state’s “Right to Privacy in the Workplace Act.”
The federal complaint names the state of Illinois, the Illinois Department of Labor, its director Jane Flanagan, and Illinois Attorney General Kwame Raoul as defendants. The Justice Department claims the law complicates the use of federally mandated employment verification tools like E-Verify and the Form I-9, potentially discouraging their use and penalizing employers who fail to comply with new state-level rules.
“Any state that incentivizes illegal immigration and makes it harder for federal authorities to do their job will face legal consequences from this Administration,” said Attorney General Pamela Bondi, announcing the legal action. She added that the Department of Justice remains committed to enforcing federal immigration laws and protecting the integrity of the nation’s workforce.
Under SB0508, Illinois employers are subject to additional notification and procedural requirements that go beyond federal law. These include obligations about when and how they must notify employees of audits, along with civil fines of up to $10,000 for violations—penalties the DOJ argues are inconsistent with federal standards and could obstruct enforcement actions.
The Justice Department asserts that such state-level mandates violate the Supremacy Clause of the U.S. Constitution, as well as the Immigration Reform and Control Act of 1986, which prohibits hiring unauthorized workers and sets the framework for federal employment verification procedures.
DOJ cites constitutional conflict in complaint
The federal government claims Illinois’s law effectively discourages employers from using E-Verify, a system that enables verification of work eligibility, and may give unauthorized workers advance notice of inspections. This could allow those individuals to evade detection, undermining federal efforts to enforce immigration law.
The lawsuit also highlights that regulating immigration enforcement is a federal responsibility derived from the government’s constitutional authority to manage foreign relations and border security. By imposing its own regulatory structure, the DOJ argues, Illinois is obstructing national immigration policy.
The case, filed under docket number 1:25-cv-04811, is pending in federal court. The state of Illinois and the named officials have not yet issued a response to the complaint.
Illinois faces federal lawsuit over claims that new labor law obstructs national immigration enforcement efforts.
