In the area I live in, Immigration and Customs Enforcement (ICE) is a way of life. Recently, I spoke with several restaurant operators who had placed signs on their office doors reading, “Should ICE enter their establishment, they’ve been instructed to ask for identification, their purpose, and to see a warrant or subpoena.” These documents specify which records ICE can access. Without a warrant, restaurant operators can deny entry.
Most of the ICE agents I’ve met are friendly, everyday people doing their job. Like every profession, however, some overstep the boundaries that define justice and immigration laws. They demand to see documentation, and it’s not a matter of employees not having what they need; it’s the question of whether it will be enough.
What is clear is that the most extensive deportation program in America’s history is underway. As a restaurant operator in this new terrain, it’s important to know your rights and the rights of your employees.
Restaurants and Immigrant Workers
According to the National Restaurant Association, in 2024, 21% of restaurant employees in the U.S. were immigrants. According to the Center for Migration Studies, when you Include undocumented workers, that number rises to about one million additional employees. As the industry prepares for crackdowns brought on by the Trump administration, restaurants are staying out of the limelight. Requests for comments by The New York Times and other publications have been met with reluctance, afraid their business would be targeted.
According to NBC News, Chicago was one of the first major cities expected to experience ICE raids and mass deportations. However, the operation was postponed due to media leaks. In the third-largest city in the country, ICE is focusing on undocumented immigrants with criminal records. The publication quoted Cook County Commissioner Sean Morrison, “I do think that there will be a showdown here.”
Trump’s border czar, Tom Homan, has stated that parents with U.S.-born children who are here illegally are at risk of deportation. Sanctuary cities, such as Chicago, New York City, Los Angeles, and San Francisco, are expected to be the initial targets.
The Migration Policy Institute reports that over 50% of unauthorized immigrants in Illinois have lived in America for over 15 years, and 37% have one or more children who are U.S. citizens. Fear is a powerful force that results in restaurant workers not showing up for shifts, even those here legally because they fear detainment.
What Restaurants Can Do
The first step should ICE show up at your door is politely requesting identification. Then, ask to see a warrant. This document outlines the scope of their investigation, including who they can question and the documents they can seize. Operators do not have to let agents in or provide requested documentation without a warrant. Verify the warrant by contacting legal counsel.
They may also issue subpoenas for employee’s records. Remember, this does not give them the right to enter non-public areas. If they arrive with a Notice of Inspection or an ICE audit, you have three days to respond.
According to the National Restaurant Association, a proactive approach and ensuring your employees know what to do in the event of an ICE raid or audit is mandatory in light of changing policies.
To protect yourself and your employees, make sure they have up-to-date I-9 forms on file. Consider using E-Verify, a free online system helping administrators confirm employment eligibility.
If you receive a Notice of Inspection, call your lawyer and gather and verify documentation. Should you receive a warrant and an impending ICE raid, monitor their interactions with employees, but don’t interfere. Document any seized records and avoid actions that they may interpret as harboring.
If fear of raids has led to disruptions in your workforce, train managers to engage in a supportive manner. Address their concerns, consult an immigration attorney, and consider becoming a sanctuary workplace if appropriate. This demonstrates your support and provides a haven but does not offer additional legal rights to employees.
While the full ramifications of changing immigration policies are uncertain, it’s clear that being prepared is your best strategy.
