The State of Illinois has agreed to delay until April 15, 2008 the implementation of a new law that would prohibit employers from using the federal government's E-Verify employment eligibility verification system. The law was to become effective on January 1, 2008. In September, the federal government sought to block implementation of the Illinois law by filing a lawsuit challenging its legality. In January, Illinois agreed to suspend the law until February 15, 2008 as part of the litigation. This week, the federal government and the State of Illinois agreed to put a hold on the lawsuit for another sixty days while the Illinois legislature considers two bills to amend the E-Verify law. As a result, Illinois will not enforce the law during the hold period. During this timeframe, employers operating in Illinois may continue to enroll in and use E-Verify.
As we reported earlier, the Illinois law would prohibit the use of E-Verify until the Department of Homeland Security and Social Security Administration (SSA) databases are able to resolve 99% of the discrepancy notices they issue within three days. Also under the law, employers that use E-Verify must (1) complete a standard attestation form issued by the state's Department of Labor, and (2) post in a place accessible to all prospective employees a notice stating that the employer is enrolled in E-Verify, along with standard anti-discrimination notices. While Illinois will not enforce the section of the law prohibiting the use of E-Verify, these additional requirements have been in effect since January 1, 2008. At this time, it is uncertain how the litigation will affect the additional requirements.