Justice Department sues state on immigrant workers protection
Federal prosecutors filed suit against the state of Illinois Monday, claiming a law that could shield immigrant workers from verification undermines immigration enforcement.
The U.S. Justice Department lawsuit seeks to nullify an Illinois law that bars employers from enrolling in a worker verification program until federal officials can complete checks with 99 percent accuracy in three days.
The government now advises participating employers about a worker's eligibility within a day for about 92 percent of cases. The voluntary program matches newly hired workers to Social Security numbers to determine whether someone is legally entitled to work here.
The lawsuit comes amid growing enforcement of existing immigration laws with a targeted push on employers who knowingly hire undocumented workers.
The suit says the state law -- signed by Gov. Rod Blagojevich in August and effective come January -- blunts federal enforcement and "clearly impedes access of Illinois employers" to the program.
The lawsuit, filed by the U.S. attorney's office for central Illinois, contends 750 Illinois employers who now participate in the federal program would be shut out because of the stricter standard for verification.
State leaders and immigrant organizers contend workers should not be exposed to "unfair treatment" while the federal program's kinks are ironed out.
Currently, for example, a person's name change can dramatically skew results of the online verification, attorney Chris Williams with the Chicago-based Working Hands Legal Clinic said. Same goes for hyphens, seniors and juniors.
"The (federal) system as it is now leaves too much room for mistakes and abuse," Blagojevich spokeswoman Abby Ottenoff said.
A spokesman for Illinois Attorney General Lisa Madigan said the complaint has been received and is under review.
A majority of state lawmakers backed the amendment to the Right to Privacy in the Workplace Act in May. Blagojevich signed the measure into law in August.
Arizona also tackled the issue of immigrant workers, but it has made the federal system mandatory. Effective Jan. 1, Arizona will require employers to verify a worker's eligibility through the federal government's online system, despite immigration advocates' concerns about the potential for error. The U.S. Justice Department has not targeted their legal efforts there.
U.S. Rep. Peter Roskam lauded the federal complaint. In a prepared statement, the Wheaton Republican said: "It is against the law to hire an illegal alien and the federal … system is currently the best means available for employers to ensure compliance."