The US District Court for the Central District of Illinois has struck down an Illinois law passed in 2007 which sought to prohibit employers in the state from enrolling in the E-Verify program. The law had been in limbo since 2008, pending this lawsuit which was filed by the Department of Homeland Security.

In ruling for the DHS, the court found that the E-Verify section of the Illinois law was invalid under the Supremacy Clause (i.e., it conflicted with federal immigration law). In particular, the court noted that “Illinois cannot dictate to Congress the standards that federal programs must meet. This clearly frustrates the Congressional purpose of making the Federal Program available to all employers. The Illinois Act is invalid under the Supremacy Clause.”

As a result, the E-Verify section of the Illinois has been declared invalid, and the State of Illinois is permanently enjoined from enforcing it.

The entire decision is available here .