Ooh, this is getting good. Yesterday I reported how the Small Business Administration has gone on the offensive against DHS for breaking the law in the way it released the new "no match" rule. No response yet from DHS.

Today, DHS takes on the State of Illinois over a law the state passed BARRING employers from using the beleaguered Basic Pilot program until DHS has the number of "false positives" where US citizens and permanent residents are incorrectly identified as not being work authorized down to less than 1%. 

While I'm sympathetic with Illinois on the facts, as a matter of law, I'm actually siding with DHS. I believe the Illinois law is unconstitutional because it preempts a federal immigration law and under the Constitution, that authority is reserved for Congress. Funny thing is that the anti-immigrants would be smart to side with Illinois on this one because if Illinois loses, state and local laws around the country seeking to enforce immigration laws will be in even greater trouble.