SPRINGFIELD – Immigrant workers may soon be entitled to more protections from wrongful workplace retaliation due to issues with their paperwork, thanks to a new initiative led by State Senator Javier Loera Cervantes.

“For many immigrant workers, the E-Verify system can be confusing and complicated,” said Cervantes (D-Chicago). “This initiative will give people the option to utilize legal support in communications with their employer so they are not taken advantage of, and establish the rights they are entitled to as legal, hardworking employees.”

Federal immigration law requires employers to verify the legal work status of their employees through the E-Verify system, which 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.

Last year, Cervantes passed legislation that required employers to give employees time to correct documentation discrepancies, and bar employers from taking any adverse action against the employee because of a discrepancy. This year, he is expanding on the law with his new legislation, Senate Bill 2339.

The  new initiative would ensure that employees’ rights are protected if an employer has received notice of E-Verify document discrepancies, including the right to be free from adverse action solely because of a receipt of a discrepancy notice from a federal entity, the right to receive notice from the employer within five business days after their receipt of the notification, and more. It also would establish a procedure to resolve violations of these protections, and would create pathway for the employee to take legal action against the employer should these rights be violated.

Additionally, the measure would enable attorneys or others to act as an employee’s authorized representative with written notice to the employer in discussions of their E-Verify status. It would also require employers to provide an explanation of the employee's right to have legal representation present during any meetings between the employee and the employer in notices sent between them.

These additions intend to strengthen the legal protections for employees facing E-Verify no match notifications, which can be a confusing process enflamed by hostile actions from their employers.

“Even with the new protections in place, employees may still face retaliatory action,” said Cervantes. “This initiative will ensure workers have the opportunity to fight against unjust treatment based on their E-Verify status, and advocate for the rights they are entitled to as workers in Illinois.”  

Senate Bill 2339 passed the Senate Labor committee on Tuesday.