BREAKING NEWS: ICE Moving On Restaurants
Originally Published : May 8, 2025
*****BREAKING NEWS*****
ICE CAPADES!
AGENTS MAKE MOVE ON RESTAURANTS IN DC!!!
Dear HL Clients and Friends,
In a well-publicized and coordinated effort, Immigration and Customs Enforcement (ICE) Agents swarmed the streets of DC this week, visiting more than two dozen restaurants.
What happened: ICE Agents, in groups of 8-12 uniformed and plain clothes agents, hand delivered I-9 inspection notices to targeted restaurants from Upper Northwest to H St NE. Restaurants targeted were given preprinted inspection notices with their businesses’ names and addresses on them; Agents did not appear to be walking into random establishments.
It’s unclear why specific restaurants were targeted, but they spanned the city. Agents told the restaurants that they would return in the coming days for the paperwork. Reports indicate that while Agents did ask to speak to employees, for documents and to enter non-public places – where employees refused, the Agents did not escalate.
What Did Not Happen: These were not ICE raids. Reports are that they were not asking for IDs from staff and they did not arrest anyone. The sheer number of Agents that ICE sent to deliver the notices appears to be designed to intimidate restaurant owners and employees.
What’s the law and how does the 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.
IT IS IMPORTANT THAT YOU AND YOUR EMPLOYEES 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. They are conducting an I-9 audit, but 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.
7. DO NOT RUN OUT THE BACK DOOR or harbor employees.
8. One manager/supervisor should interact with the agents/officers. 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.
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@
– Brianne and David
