DOJ Again Asks Court To Block Illinois Workplace Privacy Law
The Department of Justice (DOJ) doubled down on its request to a federal court to block an Illinois workplace privacy law that it alleges impedes federal immigration authorities. The amended Right to Privacy in the Workplace Act violates the Supremacy Clause of the U.S. Constitution and the Immigration Reform and Control Act of 1986, among other laws, according to U.S. Attorney General Pam Bondi (see 2505050065).
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The act is preempted by federal law, "which prohibits states from imposing civil or criminal sanctions on employers of unauthorized aliens," Justice said.
The state's "portrayal of SB0508 as complementary to federal law is both inaccurate and misleading; in practice, SB0508 undermines the uniformity Congress intended," the DOJ continued. In addition, the federal government "has met its burden to establish irreparable harm, justifying a preliminary injunction against enforcement of these provisions," as "granting an injunction serves the public interest by preserving the federal government’s exclusive authority over immigration enforcement and avoiding confusion or inconsistency in employer obligations."
The DOJ sued Illinois in early May in the U.S. District Court for Northern Illinois (see 2505050065), and days later sought a preliminary injunction against the law (see 2505080049). In late June, Illinois Attorney General Kwame Raoul (D) asked for the dismissal of case 25-04811 on the grounds that the federal government failed to state a claim and that federal immigration law doesn't preempt state privacy law (see 2506250012).