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Best Practices for Restaurants When ICE Visits Your Establishment
Feb 11, 2025
Immigration enforcement can be a daunting situation for any restaurant. If U.S. Immigration and Customs Enforcement (ICE) officers arrive at your establishment, it’s crucial to remain calm, follow legal procedures, and protect your business and employees’ rights. These best practices were presented by the Restaurant Law Center in partnership with Fisher Phillips LLP during the webinar Workplace Immigration Law in 2025: What Restaurants Should Expect.
Verify the Warrant
ICE officers must have a judicial warrant, signed by a judge, to enter non-public areas of your restaurant. If they present an administrative warrant (Form I-200 or I-205), it does not grant them access beyond publicly accessible areas. Always ask to see the document and review it carefully.
Train Your Staff
Managers and key personnel should be trained on how to handle ICE visits. Employees should be instructed not to grant access beyond public areas without proper legal authorization. Designate a point person—such as an HR manager or legal representative—to handle all interactions.
Do Not Interfere, But Do Document
While you must comply with lawful requests, you should not consent to a search without a valid warrant. Take notes on what the officers say and do. If possible, record the interaction for legal protection.
Protect Employee Rights
Employees have the right to remain silent and decline to answer questions about their immigration status without legal representation. Inform them of their rights in advance to prevent panic and misinformation.
Contact Legal Counsel Immediately
Notify your attorney as soon as ICE arrives. A lawyer can review any warrants, provide guidance, and ensure compliance with federal laws while safeguarding your business’s legal standing.
By preparing in advance and staying informed, restaurants can effectively navigate ICE visits while protecting their business and employees.
Register for the Upcoming Webinar
How to Prepare for ICE Raids and DHS Enforcement Actions
February 18, 2025
11 a.m. – Noon Central Time
Even with the best internal practices regarding employee work authorization verification, the Department of Homeland Security (DHS) may still investigate a workplace. These enforcement actions—including audits and raids by ICE, Homeland Security Investigations (HSI), and Customs and Border Protection (CBP)—can disrupt operations, create civil and criminal liabilities, and significantly impact your workforce.
In this webinar, our Employers’ Rapid Response Team for DHS Raids will review how employers can prepare for DHS/ICE raids, ensure compliance with immigration laws, minimize business disruptions, protect employees, and reduce potential penalties and liabilities.
Register for the Webinar