On May 1, 2025, the United States filed a complaint against Illinois, targeting the state's implementation of SB0508, a law amending Illinois's "Right to Privacy in the Workplace Act." The Department of Justice claims this law infringes on federal immigration authority by complicating the employment verification process through E-Verify and Form I-9, creating burdensome rules and potential penalties for non-compliant employers.
Attorney General Pamela Bondi stated, "This Department of Justice is committed to protecting American workers, employers, and enforcing federal immigration law. Any state that incentivizes illegal immigration and makes it harder for federal authorities to do their job will face legal consequences from this Administration."
President Trump previously declared a "national emergency" at the U.S. southern border to curb illegal immigration and ensure employment authorization was not granted to unauthorized aliens. The federal government maintains the authority to set immigration laws and prevent states from obstructing these efforts.
The United States argues that SB0508 contravenes the Supremacy Clause of the U.S. Constitution and federal laws combatting the employment of illegal aliens, such as the Immigration Reform and Control Act of 1986. The state law's additional notification requirements and sanctions, including fines up to $10,000, are considered inconsistent with federal standards and may deter compliance.
The legal case, United States v. State of Illinois et al., No. 1:25-cv-04811, is filed in the U.S. District Court for the Northern District of Illinois. The United States' claims are allegations without a current determination of liability.