Case: United States v. State of Illinois

1:25-cv-04811 | U.S. District Court for the Northern District of Illinois

Filed Date: May 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case, brought by the Department of Justice (DOJ) of the second Trump Administration, challenged recent amendments to Illinois' Right to Privacy in the Workplace Act ("Privacy Act"). Under the Immigration Reform and Control Act (IRCA), enacted by Congress in 1986, employers are required to verify the identity and employment authorization of their employees. IRCA created an E-Verify program to help employers access such information. On May 5, 2025, the DOJ brought this lawsuit in the United …

This case, brought by the Department of Justice (DOJ) of the second Trump Administration, challenged recent amendments to Illinois' Right to Privacy in the Workplace Act ("Privacy Act"). Under the Immigration Reform and Control Act (IRCA), enacted by Congress in 1986, employers are required to verify the identity and employment authorization of their employees. IRCA created an E-Verify program to help employers access such information. On May 5, 2025, the DOJ brought this lawsuit in the United States District Court for the Northern District of Illinois against the state of Illinois, the Illinois Department of Labor and its Director, and the Attorney General of Illinois. The DOJ alleged that amendments to Illinois' Privacy Act, which regulated employers' use of E-Verify systems, restricting the use of such systems and providing for criminal and civil sanctions for violations, were preempted by federal law including IRCA. 

The case was assigned to Judge Sharon Johnson Coleman. On May 7, the DOJ moved for a preliminary injunction, and on June 23, 2025, defendants moved to dismiss the case.  The court held oral argument on both motions on August 12, 2025, and, on August 19, issued an order denying the motion for preliminary relief and granting the motion to dismiss the case, 2025 WL 2401304, and entered judgment in favor of defendants. The court concluded that the provisions of the Privacy Act challenged by the federal government were not expressly preempted by IRCA and did not improperly intrude upon the federal government’s constitutional powers in the space of immigration and foreign affairs. It further reasoned that the DOJ's proposed, broad interpretation of its power to regulate immigration "would swallow the historic powers of the states over employment-related issues."  

Summary Authors

Scott Shuchart (5/8/2025)

Jeremiah Price (6/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70034938/parties/united-states-v-state-of-illinois/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Attorney for Plaintiff

Henricks, Aaron (Illinois)

Kambli, Abhishek (Illinois)

Perez, Elianis N. (Illinois)

Attorney for Defendant

Kinkead, Darren Bernens (Illinois)

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Documents in the Clearinghouse

Document
1

1:25-cv-04811

Complaint

United States of America v. State of Illinois

May 1, 2025

May 1, 2025

Complaint
18

1:25-cv-04811

Motion for Preliminary Injunction

May 7, 2025

May 7, 2025

Pleading / Motion / Brief
37

1:25-cv-04811

Memorandum Opinion and Order

Aug. 19, 2025

Aug. 19, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70034938/united-states-v-state-of-illinois/

Last updated Aug. 29, 2025, 9:31 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by UNITED STATES OF AMERICA ; (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Perez, Elianis) (Entered: 05/01/2025)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

May 1, 2025

May 1, 2025

Clearinghouse
6

MOTION by Plaintiff UNITED STATES OF AMERICA for leave to file excess pages (Perez, Elianis) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

RECAP
12

SUMMONS Issued (Court Participant) as to Defendants Jane R Flanagan, Illinois Department of Labor, Kwame Raoul, State of Illinois (Attachments: # 1 Summons Kwame, # 2 Summons Illinois Department of Labor, # 3 Summons Jane R Flanagan)(txd, ) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER
13

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to file excess pages is granted 6 . Plaintiff's motion for preliminary injunction shall be no more than 28 pages. Defendants are granted leave to file a response with a commensurate number of pages. Briefing schedule shall be entered after Plaintiff files its motion. The Court encourages the parties to meet and confer on a proposed briefing schedule. The Court reminds the parties that, per its standing order and Local Rule 5.3, all motions must be noticed for presentment. Any motions that fail to comply with these rules will be stricken for noncompliance. Mailed notice. (ym) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER
7

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Status hearing is set for 7/2/2025 at 10:15 AM as an in-person hearing. Plaintiff(s) is directed to advise the defendant(s) of the status hearing forthwith. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 business days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. If the parties agree to consent jurisdiction before the Magistrate Judge, all parties must sign the consent form and electronically file the signed form on the case docket. The court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Mailed notice. (ym) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (rjm, )

May 2, 2025

May 2, 2025

PACER

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3). (rjm, ) Modified on 5/2/2025 (td, ).

May 2, 2025

May 2, 2025

PACER

case assigned

May 2, 2025

May 2, 2025

PACER

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (rjm, )

May 2, 2025

May 2, 2025

PACER

clerk's notice

May 2, 2025

May 2, 2025

PACER
14

ATTORNEY Appearance for Plaintiff UNITED STATES OF AMERICA by Luz Restrepo (Restrepo, Luz) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
15

ATTORNEY Appearance for Defendants Jane R Flanagan, Illinois Department of Labor, Kwame Raoul, State of Illinois by Darren Bernens Kinkead (Kinkead, Darren) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
16

WAIVER OF SERVICE returned executed Jane R Flanagan waiver sent on 5/6/2025, answer due 7/7/2025; Illinois Department of Labor waiver sent on 5/6/2025, answer due 7/7/2025. (Received via Box.com 5/7/25) (Attachments: # 1 Waiver of the service of summons)(nsf, ) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
17

WAIVER OF SERVICE returned executed Kwame Raoul waiver sent on 5/6/2025, answer due 7/7/2025; State of Illinois waiver sent on 5/6/2025, answer due 7/7/2025.(Received via Box.com 5/7/25) (Attachments: # 1 Waiver of the service of summons)(nsf, ) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
18

MOTION by Plaintiff UNITED STATES OF AMERICA for preliminary injunction (Perez, Elianis) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

Clearinghouse
19

NOTICE of Motion by Elianis N. Perez for presentment of motion for preliminary injunction 18 before Honorable Sharon Johnson Coleman on 5/28/2025 at 10:00 AM. (Perez, Elianis) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
20

ATTORNEY Appearance for Plaintiff UNITED STATES OF AMERICA by Victoria Turcios (Turcios, Victoria) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

PACER
21

ATTORNEY Appearance for Plaintiff UNITED STATES OF AMERICA by Aaron Henricks (Henricks, Aaron) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
22

MOTION by Plaintiff UNITED STATES OF AMERICA to set a briefing schedule Joint Motion for a Combined Briefing Schedule (Turcios, Victoria) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
23

NOTICE of Motion by Victoria Turcios for presentment of motion by filer to set a briefing schedule 22 before Honorable Sharon Johnson Coleman on 5/28/2025 at 10:00 AM. (Turcios, Victoria) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
24

MINUTE entry before the Honorable Sharon Johnson Coleman: The parties' joint motion to set a briefing schedule is granted 22 . Defendants' combined motion to dismiss and opposition to Plaintiffs' motion for preliminary injunction shall be filed by 6/23/2025. Plaintiff's combined reply in support of their motion for preliminary injunction and opposition to Defendants' motion to dismiss shall be filed by 7/14/2025. Defendants' reply in support of their motion to dismiss shall be filed by 8/4/2025. The Court will take both motions under advisement once they are fully briefed. The in-person presentment of Plaintiff's preliminary injunction set for 5/28/2025 at 10:00am is stricken. The in-person status hearing set for 7/2/2025 at 10:15am is also stricken. Mailed notice. (ym) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

RECAP
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jane R Flanagan, Illinois Department of Labor, Kwame Raoul, State of Illinois (Kinkead, Darren) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

RECAP
26

MEMORANDUM motion for preliminary injunction 18, Motion to Dismiss for Failure to State a Claim 25 by Jane R Flanagan, Illinois Department of Labor, Kwame Raoul, State of Illinois Defendants' Combined Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction and in Support of Their Motion to Dismiss (Attachments: # 1 Exhibit Novoa v GEO Group Inc)(Kinkead, Darren) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

RECAP
27

MINUTE entry before the Honorable Sharon Johnson Coleman: Oral argument on Plaintiff's motion for preliminary injunction 18 and Defendants' motion to dismiss 25 is set for 8/12/2025 at 1:30pm as an in-person hearing. The Court requests that the parties hold 8/20/2025 at 1:30pm in reserve in the event that additional oral argument is needed. The Court will inform the parties as to the procedure for oral argument once the respective motions are fully briefed. Mailed notice. (ym) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

PACER
28

MOTION by Plaintiff UNITED STATES OF AMERICA for leave to file excess pages (Unopposed) (Restrepo, Luz) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
29

NOTICE of Motion by Luz Restrepo for presentment of motion for leave to file excess pages 28 before Honorable Sharon Johnson Coleman on 7/16/2025 at 10:00 AM. (Restrepo, Luz) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
30

REPLY by Plaintiff UNITED STATES OF AMERICA to memorandum, 26 (Perez, Elianis) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

RECAP
31

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to file excess pages is granted 28 . Plaintiff's response in support of their motion for preliminary injunction and opposition to Defendants' motion to dismiss shall be no more than 20 pages. Defendants are also granted leave to exceed the 15-page limit by up to 5 pages in their reply in support of their motion to dismiss and opposition to Plaintiffs' preliminary injunction motion. No appearance necessary on 7/16/2025. Mailed notice. (ym) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
32

REPLY by Defendants Jane R Flanagan, Illinois Department of Labor, Kwame Raoul, State of Illinois to Motion to Dismiss for Failure to State a Claim 25 (Attachments: # 1 Exhibit GenBioPro Inc v Raynes, # 2 Exhibit United States v Texas)(Kinkead, Darren) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

PACER
33

Notice of Errata by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Amended Reply)(Restrepo, Luz) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

RECAP
34

ATTORNEY Appearance for Plaintiff UNITED STATES OF AMERICA by Abhishek Kambli (Kambli, Abhishek) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

PACER
35

MINUTE entry before the Honorable Sharon Johnson Coleman: Oral arguments held on 8/12/2025 as to plaintiff's motion for entry of a preliminary injunction 18 and defendants' motion to dismiss 25 and continued to 8/20/2025 at 1:30 PM as an in-person hearing. Mailed notice. (ym) (Entered: 08/12/2025)

Aug. 12, 2025

Aug. 12, 2025

RECAP
36

MINUTE entry before the Honorable Sharon Johnson Coleman: The Court has determined that a further oral argument date is not necessary, therefore the continued oral argument set for 8/20/2025 is stricken. The Court takes plaintiff's motion for entry of a preliminary injunction 18 and defendants' motion to dismiss 25 under advisement and will issue a ruling within the next 10 business days. Mailed notice. (ym) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

RECAP
37

MEMORANDUM Opinion and Order: For the reasons stated in this opinion, the Court grants Defendants' motion to dismiss 25 and denies Plaintiff's motion for preliminary injunction 18 . Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 8/19/2025. Mailed notice. (ym)

Aug. 19, 2025

Aug. 19, 2025

Clearinghouse
38

ENTERED JUDGMENT. Mailed notice. (ym) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: May 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Illinois, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

Immigration/Border:

Employer sanctions

Employment