Federal Court Drops DOJ Workplace Privacy Suit Against Illinois
A federal court on Tuesday dismissed a workplace privacy suit that DOJ brought against Illinois, ruling that federal immigration law isn't always absolute. The suit started in May, when DOJ alleged an amendment to Illinois’ Right to Privacy in the Workplace Act violated the Immigration Reform and Control Act (ICRA) of 1986 and other federal laws (see 2505050065).
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"The preemptive effect of the federal government’s authority to control matters of immigration is not without limits," said Judge Sharon Johnson Coleman of the U.S. District Court for Northern Illinois.
"Because the provisions of the Privacy Act challenged by the federal government are not expressly preempted by IRCA and do not intrude upon the federal government’s constitutional powers in the space of immigration and foreign affairs, and because the federal government’s broad interpretation of its power to regulate matters of immigration would swallow the historic powers of the states over employment-related issues, the Court grants the State’s motion to dismiss ... ."
In addition to the lawsuit, the DOJ sought a preliminary injunction against the Act in case 1:25-cv-04811 (see 2505080049).
Illinois, however, argued that federal law doesn't preempt state law in this instance, and that DOJ failed to state a claim (see 2506250012 and 2508050036).