Illinois E-Verify Mandates Law: Statewide Immigration Policy Rules (2026)

Key Facts

Statute: 820 ILCS 55
Amendment: P.A. 103-0879 (2025)
Mandatory E-Verify: Not required
Re-verification: Limited to federal mandate
Regulator: Illinois Dept of Labor

Full Breakdown

The Right to Privacy in the Workplace Act (820 ILCS 55) governs employer use of the federal E-Verify system in Illinois. Section 12 requires employers using E-Verify to attest to receiving training, post required notices, and protect employees from discriminatory enrollment use. Public Act 103-0879, effective January 1, 2025, further amended the Act to prohibit employers from imposing work-authorization verification duties beyond what federal law requires and from re-verifying current employees absent federal mandate. The Illinois Department of Labor enforces compliance, and aggrieved workers may file complaints or sue.

Violations & Penalties

Violations carry civil penalties up to $1,000 for a first offense and $5,000 for repeat offenses per Section 55/12, plus damages, reinstatement, and reasonable attorney fees in private actions.

Frequently Asked Questions

Are Illinois employers required to use E-Verify?

No. The Right to Privacy in the Workplace Act does not require private employers to use E-Verify. Use is voluntary except where required by federal contract or specific federal law.

Can employers re-verify existing workers using E-Verify in Illinois?

Generally no. Public Act 103-0879 limits employer authority to impose verification duties beyond federal law and bars re-verification of current employees absent a federal mandate.

Does this Illinois law apply statewide?

Yes. The Right to Privacy in the Workplace Act applies uniformly to employers across Illinois. Local governments cannot impose stricter or weaker E-Verify mandates inconsistent with the state statute.

Illinois Restricts E-Verify Under Right to Privacy in Workplace Act