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So. Did a little research. Turns out e-verify only validates employment eligibility. Not immigration status. It can only be applied when a job has been offered and accepted. Not for screening applicants. Anti-discriminatory.Illinois- that stronghold of the GOP- has this attitude towards E-Verify:
In Illinois, an employer is prohibited from using E-Verify to check the immigration status of current employees or to pre-screen prospective employees that have not been offered a position with the company. The employer may not check on your immigration status before you are offered a job. An employer may not take adverse action against an employee or applicant for employment because the employee or applicant for employment filed a complaint of a violation of the Right to Privacy in the Workplace Act.
https://labor.illinois.gov/faqs/rig...verify.html#faq-5whatshouldanemployerknow-faq
As the undocumented aren’t eligible for employment they won’t pass.
The Illinois law just conforms with the federal rules for the use of e-verify.
Now I need to see why the federal rules are the way they are.