Cervantes law will protect marginalized employees from unfair enforcement of documentation

SPRINGFIELD - Advocating for immigrant employees, State Senator Javier Loera Cervantes' new law will protect marginalized workers from unfair enforcement action during their employment.

"Many immigrant employees have run into a problem where their documentation may have misinput their name with slight differences of dashes, spaces, letters with or without an accent, only to be flagged during the work verification process," said Cervantes (D-Chicago). "With this law, we can correct bureaucratic errors that would otherwise be detrimental to their income and livelihoods. By adjusting the system to allow workers more time to correct issues with documentation, we can make a huge impact for marginalized workers across Illinois."

Federal immigration law requires employers to verify the legal work status of their employees through the E-Verify system. E-Verify compares information from an employee's I-9 Form to records available to the Department of Homeland Security and the Social Security Administration to confirm eligibility. If discrepancies are found, immigrant workers have the possibility of receiving a "no match" letter for a variety of reasons, including instances where the individual changed their name due to marriage. Many employers terminate employees upon receiving this notice, even though they could be legally working in the United States.

The new law, Senate Bill 508, will prevent employers from imposing work authorization verification requirements that are greater than those required by federal law and would require employers to give employees time to correct documentation discrepancies. The law will also require employers, upon finding a discrepancy, to inform the employee that a federal or state agency has notified the employer and the time period the employee has to contest the information. Employees will be given an explanation of the discrepancy and retain the right to have a representative present for meetings related to employment verification. Employers will now also be barred from taking any adverse action against the employee based on the notification.

This law will also require employers to notify each employee of upcoming inspections of employment records from federal entities such as U.S. Immigration and Customs Enforcement within five business days of the employer receiving notice - both in English and any language commonly used in the workplace. Upon receipt of the results of an employment records inspection, employees now retain the right to correct discrepancies within a designated time period and the right to have a representative present during any meetings with the employer.

"Many immigrant workers in our state are in an environment where rules are potentially outlined in their second language, and with this law we are giving them more protections from being taken advantage of during their employment by allowing for a more gracious bureaucratic process," said Cervantes. "This law will protect employees who are working legally within Illinois, protect those fearful of their job security, and I am so proud of all of us for standing beside our communities and giving them this support."

Senate Bill 508 was signed into law on Friday.