The United States government has launched a significant legal challenge against the State of Illinois, targeting amendments to state law that allegedly obstruct federal immigration enforcement. The complaint, filed by the United States in the Northern District of Illinois on May 1, 2025, accuses Illinois and its Department of Labor of enacting provisions that interfere with federal immigration laws and violate the Supremacy Clause of the U.S. Constitution.
The case centers around recent amendments to Illinois's Right to Privacy in the Workplace Act, known as SB0508, which took effect on January 1, 2025. These amendments impose restrictions on employers' use of employment eligibility verification systems like E-Verify and introduce civil and criminal penalties for violations. The United States argues that these state-level regulations are preempted by federal law, specifically citing the Immigration Reform and Control Act (IRCA) and its associated E-Verify program. The federal government contends that these state-imposed requirements conflict with Congress's intent to create a uniform system for verifying employment eligibility and combating unauthorized employment.
The plaintiff asserts that SB0508 violates the Supremacy Clause in three distinct ways: express preemption, field preemption, and conflict preemption. First, certain provisions of SB0508 are said to be expressly preempted by federal law because they impose sanctions on employers beyond what is permitted under IRCA. Second, the amendments are claimed to be field-preempted as they attempt to regulate an area—employment eligibility verification—that Congress has reserved exclusively for federal oversight. Lastly, the United States argues that SB0508 conflicts with federal objectives by discouraging employer participation in E-Verify through burdensome notification requirements and potential penalties.
In response to these alleged violations, the United States seeks declaratory relief invalidating SB0508's challenged provisions and requests preliminary and permanent injunctions against their enforcement. Additionally, it seeks recovery of costs incurred during this litigation process.
Representing the United States in this case are attorneys from various sections within the Department of Justice’s Office of Immigration Litigation. The team includes Acting Assistant Attorney General Yaakov M. Roth, Deputy Assistant Attorney General Drew C. Ensign, Senior Litigation Counsel Nicole P. Grant, along with trial attorneys Luz M. Restrepo, Victoria Turcios, Aysha Iqbal under Assistant Director Elianis N. Perez’s leadership. The case is presided over by judges within the Northern District Court under Case ID: 1:25-cv-04811.