News Updates

New E-Verify Laws in Illinois and Nebraska

Illinois

Illinois had previously signed into law a bill that prohibited employers from using the Department of Homeland Security's E-Verify program.  The Department of Homeland Security then sued Illinois.  Recently, a federal district court in Illinois held that the Illinois law (Ill. P.A. 95-137), which effectively prohibits employers in the state from enrolling in the federal government's E-Verify program, is invalid under the Supremacy Clause of the U.S. Constitution.  The court stated that the Illinois law conflicts with the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) because it dictates to Congress speed and accuracy standards that the program must meet. 

Employers in Illinois may now use E-Verify if they choose to do so.

Nebraska

On April 8, 2009, Nebraska Gov. Dave Heineman (R) signed into law a bill that will require public employers and employers that receive state or local contracts or tax incentives to use E-Verify to verify the employment authorization of all newly hired employees.

The new law requires all public contractors in the state, including subcontractors, to use E-Verify. In addition, contracts awarded by the state must also include a provision spelling out the E-Verify requirement. The E-Verify provisions in the bill take effect October 1, 2009.
 
The bill also prohibits illegal immigrants from receiving state and local benefits.

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