SPRINGFIELD – To protect employees from unfair retaliation from their workplace, State Senator Javier Loera Cervantes led new legislation to shield immigrant workers from surveillance and discrimination based on their perceived immigration status.

“With the increase in ICE raids and anti-immigrant sentiment at an all-time high, our immigrant workers do not feel safe in the workplace,” said Cervantes (D-Chicago). “This law will help ease their minds by establishing protections against discrimination, regardless of their status.”

Federal immigration law requires employers to verify the legal work status of their employees through an online system that 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 requires 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 expansion ensures employees’ rights are protected if an employer has received notice of document discrepancies, including the right to be free from adverse action solely because of a receipt of a discrepancy notice from a federal entity. It also establishes 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 law enables attorneys, union representatives, and similar individuals to act as an employee’s authorized representative with written notice to the employer in discussions of potential discrepancies between paperwork. It also requires 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.

“Historically, our immigrant workers are the most exploited in the workforce, whether through low wages, unsafe conditions, and immediate retaliation when their documentation show discrepancies to their employer,” said Cervantes. “As a former union representative and the son of an immigrant mother, I am outraged at these injustices. I believe this law will work to end this cycle of exploitation, and protect all of our workers, because everyone deserves a safe and fair work environment.”

Senate Bill 2339 was signed into law on Friday.