*****ALERT***** ICE OUT AND ABOUT!

RESTAURANT RAIDS ON THE RISE:

HOW TO PROTECT YOUR BUSINESS

Dear HL Clients and Friends,

On Friday, January 30, businesses across the country, including many of our clients, participated in the ICE-out National Shutdown in response to heightened immigration enforcement activity and concern within the hospitality industry.

Recent ICE efforts have included highly visible actions targeting restaurants and other food service establishments. In Minnesota, for example, ICE agents visited a family-owned Mexican restaurant and later detained employees, resulting in the business closing early that day. Separate reports indicate ICE agents have visited multiple restaurants in the Minneapolis area, heightening uncertainty for workers and operators.

Similar types of enforcement visits have also been reported in other jurisdictions, including restaurants in Washington, D.C., where agents have appeared at multiple establishments to verify employment documentation.

We want to make sure you and your teams are informed, prepared, and know your rights as this enforcement landscape continues to evolve. At Helbraun Levey, we will continue monitoring developments and providing guidance specific to hospitality employers.

What’s the law and how does an ICE audit work?

· ICE may conduct an audit upon a notice of inspection.

· Upon notice, you have 3 days to provide ICE with copies of all requested records.

· ICE will inform you of the audit results.

· Notice of Technical or Procedural Failures are sent post-review.

· Process ranges from months to years.

KNOW YOUR RIGHTS – HERE’S WHAT YOU NEED TO KNOW

1. Agents representing the Department of Homeland Security and/or ICE might come into one of your locations. If they are conducting an I-9 audit, they more than likely will not have a warrant.

2. Agents will either present themselves as working for the Department of Homeland Security or ICE, but they have the same scope of work.  Ask for credentials and note the agency that is listed on their credentials, NOT what they claim to be from.

3. If they do arrive, remain calm and ask to see their credentials from each agent or officer present, and if you are able to, start recording the interaction. 

4. They will ask for you to present copies of I-9s of all staff.  Ask if they have a warrant signed by a judge allowing them to do so, which again they will more than likely not have. Inform them that all of your I-9’s are at a central office location and that you do not have access.  They will ask for you to provide them with access, but again, without a warrant you are not obligated to do so.  “I don’t know” is an answer.

5. Immigration officers are not permitted to enter private areas of a workplace without permission from the owner or manager or without a valid search warrant. This warrant needs to be signed by a judge and list either the specific business/name of the restaurant, or list a specific individual who works at the restaurant.

6. All staff that are concerned should wait in any area marked private/staff only. A private area is any area that you would not allow a guest to enter. It can be, but does not have to be marked as such.

7. DO NOT RUN or encourage employees to run out the backdoor or harbor employees.

8. One manager/supervisor should interact with the agents/officers. This manager/supervisor should be designated in advance. Have a telephone tree.

9. IF ICE/Homeland Security turns out to be doing a valid I-9 search, the business will receive a notice of inspection that allows the business 3 days to provide documents. These notices DO NOT give access to private areas or permit immediate access to the information required.

10. If they do ask for I-9’s, they will present a letter from the Department of Homeland Security with the location’s business name on the letter, titled a Notification of Inspection.  Again, this notice is legal but DOES NOT give them immediate access to documents are people in the workplace.

11. Any location that is not open for lunch: keep all doors locked and blinds down.

12. Pay attention to your and your team’s social media use. ICE is deploying powerful AI and other tools to identify and monitor individuals.

Whether you’ve been visited, are anticipating a visit or just need more information, our Employment team is here to be your ICE contact and help guide you through these challenging times. Call or email us with any questions at brianne.murphy@helbraunlevey.com or jennifer.lagadas@helbraunlevey.com.

– Brianne, Jenn, and David