Illinois: Court Should Dismiss DOJ Workplace Privacy Suit
Illinois asked a federal court Monday to dismiss a DOJ workplace privacy suit, arguing that the federal government failed to state a claim, and that federal immigration law does not preempt state privacy law. In May, the DOJ sued Illinois over a workplace privacy law that allegedly disrupts federal immigration authority (see 2505050065).
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"The Right to Privacy in the Workplace Act (Privacy Act) sets out basic protections for Illinois workers who provide sensitive personal information to employers for the purpose of verifying their eligibility to work in the United States" by ensuring "that Illinois residents who have the right to work in this country -- either because they are American citizens or because they are noncitizens who are authorized to work under federal law -- are not harmed by any lax data security practices, improper denials of employment based on erroneous records, or other misuses or abuses of the sensitive personal information collected for employment authorization verification," said Illinois Attorney General Kwame Raoul (D).
"The federal government thinks that these protections are preempted by federal immigration law," and applies "a kitchen-sink approach," using every category of argument, Raoul continued. "All of them fail."
Just days after filing its complaint in case 25-04811 in the U.S. District Court for Northern Illinois, the DOJ additionally sought a preliminary injunction against the Privacy Act (see 2505080049).