In late 2007, the State of Illinois passed a new law (Section 12(a) of the Illinois Right to Privacy in the Workplace Act) prohibiting employers from enrolling in the E-Verify program, citing the unreliability of the database. However, DHS fi led an action against the State of Illinois in federal court asking that the law be found unconstitutional. Although the new law was scheduled to take effect on January 1, 2008, the State of Illinois has agreed to withhold enforcement until the lawsuit with DHS is resolved.
If your Illinois business already has enrolled in E-Verify, you may continue to use E-Verify to check the data of your newly hired employees. If your business has not yet signed up for E-Verify, you may enroll in the program. The State of Illinois will not penalize employers for participating in the program while the lawsuit is pending.