Illinois State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These laws can change over time at both the state and federal levels.

If you are a nonimmigrant or noncitizen processing your immigration status, it’s important to stay informed. This article outlines immigration laws and policies in the state of Illinois. Learn more about:

• Law enforcement and immigration in Illinois
• Employment checks
• Illinois E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Education restrictions
• Voter ID rules
• Housing discrimination
• How an immigration lawyer can help
• Related resources

Immigration policies are complex and constantly evolving. If you’re facing an immigration issue in Illinois, a local attorney can explain your rights and available protections.

Law Enforcement and Immigration in Illinois

In general, federal immigration authorities oversee immigration laws. Specifically, the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) agencies enforce immigration laws. But local law enforcement officials can work with the federal government in handling these cases.

For instance, U.S. Immigration and Customs Enforcement (ICE) has the 287(g) Program. This program authorized local law enforcement authorities to perform certain immigration functions within their jurisdictions. ICE works with local and state police. Together, they identify jailed non-U.S. citizens and assess their removal or deportation.

The U.S. Government also implements programs to check jailed non-U.S. citizens. For instance, “Secure Communities” (E.O. 13768) began in 2017. President Joe Biden revoked the program by executive order in January 2021.

Secure Communities aimed to share data between the DHS and the Federal Bureau of Investigation (FBI). The FBI shared fingerprints and other data about people arrested by the DHS. The DHS would then verify the arrested person’s immigration status. If it appeared that the person arrested lived here illegally, ICE would take the necessary actions.

The U.S. government has other programs, like the Criminal Apprehension Program (CAP) under ICE, to address immigration enforcement. This immigration service brings non-U.S. Citizens with criminal records into custody.

Employment Checks

Employers should refer to federal employment eligibility verification rules and the requirements for Form I-9.

Illinois E-Verify Requirements

Illinois is one of the few states with stringent protection of workers’ privacy. But many states encourage employers to use the E-Verify system to confirm applicants’ and new hires’ eligibility to work in the country. The Right to Privacy in the Workplace Act has procedures meant to protect workers’ privacy and prevent discrimination.

Driver’s License and ID Requirements

Illinois requires first-time driver’s license applicants to present documents proving their identity. Some identification may include a Social Security card, address, and proof of residency. Illinois’ Secretary of State offers a complete list of requirements for a driver’s license. This list also includes acceptable forms of identification.

Public Benefits Restrictions

Immigrants living here without documentation are generally ineligible for most public assistance and welfare programs. But they may get services that are “necessary to protect life and safety.” This includes health care, emergency services, and other similar services.

The federal and local governments encourage immigrants to obtain legal status. This enables them to use certain government benefits and enjoy immigrant rights.

Education Restrictions

Illinois allows certain undocumented students, including many Deferred Action for Childhood Arrivals (DACA) recipients, to qualify for in‑state tuition under a 2003 state law that sets specific residency and schooling requirements.

The state has also expanded access to financial aid for eligible undocumented students through the RISE Act, which opened state‑based grants to more noncitizen students. 

Voter ID Rules

The state of Illinois doesn’t require its voters to present identification cards at the polls. But poll workers may ask them to verify their signatures.

First-time voters who registered by mail and did not submit identification may need to show a form of identification. Some of the acceptable forms are:

• Paycheck
• Lease contract
• Student ID and mail addressed to the voter’s home
• Government check
• Government document
• Bank statement
• Utility bill
• A valid photo ID

These acceptable forms of ID should show the first-time voter’s name and address.

Housing Ordinances and Immigration

Illinois has no state-specific housing ordinances for immigrants. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, national origin, ancestry, or immigration status.

Are You an Immigrant Living in Illinois? Get Legal Advice

Dealing with immigration on your own can be confusing and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, immigration lawyers in Chicago and other parts of Illinois can provide legal help to immigrant communities and their families.

An immigration attorney can help with several immigration-related issues and processes, including:

• Obtaining a U visa 
• Advocating for a detained family member
• Navigating the naturalization process
• Understanding your rights in housing, employment, and education
• And more

An attorney can give you a better understanding of available protections, depending on your case. Seeking legal services is particularly crucial for victims of human trafficking and domestic violence.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Illinois. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Illinois State Immigration Laws: Related Resources

Use the links below for additional information.

• Illinois Voter Information
• Immigration and Employment Eligibility FAQ
• Getting an Alien Labor Certification

There are also nonprofit organizations that offer referrals to immigration services. You can find their contact information in the links below.

• National Immigrant Justice Center (NIJC)—  This organization provides legal services and advocates for refugees, immigrants, and asylum seekers. It is located in Chicago.
• Illinois Coalition for Immigration and Refugee Rights (ICIRR) — This coalition promotes the rights of refugees and immigrants. It also advocates for providing education to immigrants and implementing immigrant-friendly policies.
• World Relief Chicago — This organization provides several legal services, including refugee resettlement, immigration legal services, and English language classes.