E-Verify is an electronic program established by the Department of Homeland Security (DHS) that allows employers to quickly verify new employees' Social Security numbers and employment eligibility. DHS currently encourages, but does not require, employers to use E-Verify.

In 2007, Illinois enacted the Illinois Right to Privacy in the Workplace Act (Act), which limits Illinois employers’ ability to enroll in and use the E-Verify program. DHS sued Illinois seeking to enjoin the portion of the Act which prohibits Illinois employers from using E-Verify until the agency and the Social Security Administration demonstrate that certain stringent accuracy metrics have been attained.

DHS recently issued a statement confirming that Illinois has agreed NOT to penalize employers simply for participating in the E-Verify program, at least until the pending litigation is concluded. Thus, Illinois employers may now enroll, or continue to participate, in the E-Verify program without penalty in the state. Other portions of the Act still apply, including but not limited to, specific notice, training and certification mandates which exceed DHS requirements.

DHS may post future developments regarding the Illinois law on the E-Verify website: www.dhs.gov/E-Verify. Employers may wish to check the site on a regular basis for updates. If you have additional questions regarding this immigration and employment-related subject, please contact Penny Lechtenberg at plechtenberg@hinshawlaw.com or 815-490-4916 .