ILLINOIS

E-VERIFY LEGISLATION GUIDE

This information was last updated on March 31, 2009.

PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.

Effective Date: Law Struck Down By US District Court*
Status: Signed into law August 13, 2007
Impact: Illinois has taken a unique approach with Public Act 95-0138. The act states "Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the E-Verify (formerly Basic Pilot) program, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative non-confirmation notices issued to employers within 3 days, unless otherwise required by federal law."

*The law was scheduled to take effect on January 1, 2008, but was not enforced after a lawsuit was filed against the state by the DHS. On March 11, 2009, United States District Court Judge Jeanne E. Scott permanently enjoined the state of Illinois from enforcing the law.