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2.0

DOJ sues Illinois over "Right to Privacy in the Workplace Act" amendments

  1. Original Date Announced

    May 1, 2025

    The United States filed a lawsuit against the State of Illinois, the Illinois Department of Labor, and state officials challenging Illinois' recently enacted Senate Bill 0508, which amended the "Right to Privacy in the Workplace Act." The amendments "(1) regulate Illinois employers' use of employment eligibility verification systems; (2) impose restrictions on use of those systems; and (3) provide civil and criminal sanctions for violations of those provisions."

    The complaint alleges that the amendments violate the Supremacy Clause and are preempted by federal immigration law. The government seeks declaratory and injunctive relief to stop the amendments from being enforced. United States v. State of Illinois, No. 1:25-cv-04811 (N.D. Ill.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    Trump 2.0 [ID #1729]

    2025.05.01 Complaint - United States v. Illinois
  2. Effective Date

    May 1, 2025
  3. Subsequent Trump and Court Action

    August 19, 2025

    2025.08.19 Memorandum Opinion - United States v. Illinois

    District Court Judge Sharon Johnson Coleman granted Illinois's motion to dismiss and denied the federal government’s motion for a preliminary injunction. The court held that the provisions of the state law challenged by the federal government are not expressly preempted by the Immigration Reform and Control Act of 1986'and do not intrude on federal constitutional powers in the space of immigration and foreign affairs. It further found that the federal government’s broad interpretation of its power to regulate matters of immigration would “swallow the historic powers of the states over employment-related issues.” United States v. State of Illinois, No. 1:25-cv-04811 (N.D. Ill.).

    **Link to case here. See litigation note above**

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Current Status

None

Original Trump Policy Status

Status: In Litigation
Trump Administration Action: Legislation
Subject Matter: Employment Verification
Agencies Affected: DOJ

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