Guidance on Responding to ICE Raids at Your Restaurant, As Advised By Immigration Specialists

From red cards to warrants, here is the essential information you require.

Credit: Michael M. Santiago / Getty Images

The restaurant sector in the United States has historically depended on immigrant labor. The National Restaurant Association reports that around 22% of restaurant and foodservice personnel were born outside the United States. The majority of those employees originate from Mexico, China, and El Salvador.

In 2025, when immigration enforcement escalates under a second Trump administration, those workers are growing increasingly apprehensive. Unannounced inspections by Immigration and Customs Enforcement (ICE) have resulted in arrests at restaurants, retail establishments, and food processing facilities around the country, causing owners and employees to urgently seek guidance on subsequent actions.

“Understanding your rights is crucial," stated Jean Reisz, professor and co-director of the USC Immigration Clinic, in an interview with Food & Wine. As Reisz observed, "Failure to cooperate could complicate" ICE's efforts to apprehend a "significant number of individuals."

This necessitates that restaurant proprietors and their staff establish procedures, undergo training, and secure legal assistance in the event of an ICE agent visitation. Essential information for all restaurant proprietors and employees is outlined here.

What is the most recent information regarding the raids?

On June 13, New York Times journalists Hamed Aleaziz and Zolan Kanno-Youngs reported that they had acquired an internal email outlining the Trump administration's strategy to reduce mass deportation initiatives, instructing ICE officials to "suspend raids and arrests in the agricultural sector, hotels, and restaurants."

One day earlier, President Trump posted on Truth Social, “Our esteemed farmers and individuals in the hospitality and leisure sectors have reported that our stringent immigration policy is displacing valuable, long-term workers, rendering those positions nearly irreplaceable.” He stated, "In numerous instances, the criminals permitted entry into our country by the exceedingly misguided Biden Open Borders Policy are seeking those positions." This is unsatisfactory. We must safeguard our farmers while expelling criminals from the United States. Transformations are imminent!

There is no assurance on the duration of a potential delay, underscoring the importance of planning.

Comprehend the legal jurisdictions accessible to agents

Immigration agents are not required to get a warrant to access the public portions of a restaurant. They are permitted access to all areas accessible to the general public, such as dining rooms, patios, and lobbies. Access to restricted areas, such as kitchens, storage rooms, or offices, is prohibited for guests unless a judicial warrant authorized by a judge is obtained.

“Designated areas marked ‘Employees Only’ or ‘Private’ establish an expectation of privacy, necessitating a [judicial] warrant for entry by Department of Homeland Security officials,” Reisz elucidated. “Frequently, [ICE] possesses what are referred to as administrative warrants, which lack judicial endorsement.”

Restaurant proprietors may courteously deny entry to private areas unless a legitimate warrant is provided. “I request to view the warrant,” stated Damian Conforti, a partner and co-chair of the Hospitality Services Practice at Mandelbaum Barrett PC. “Do not acquiesce to a search conducted without a warrant.”

Consider acquiring one or two locks, as a tangible barrier between public and private areas significantly enhances your privacy protection. “Reisz observed instances where ICE agents abandoned operations due to their inability to access private areas.”

Appoint a qualified liaison

A straightforward action for a restaurant to undertake is to appoint a staff person, typically a manager or HR leader, as the official point of contact with ICE. This individual should be the sole representative interacting with agents during any visit.

Siembra NC, a grassroots organization committed to "protecting communities from exploitative employers and landlords, ICE, and corrupt politicians," proposed additional guidelines through its Fourth Amendment Workplaces program, which it sent to F&W. Employees should be directed not to respond to inquiries or provide documents during an enforcement action. “They are indeed reluctant to provide information,” Conforti added. “It is entirely acceptable for an employee to inquire, ‘Am I permitted to leave?’ and conclude the conversation there.”

Prevent hindrance, however refrain from overreaching

While asserting legal rights is essential, it is as imperative for restaurant owners or managers to refrain from interference. This entails no concealing personnel, no disseminating false information, and no obstructing agents from accessing public areas.

“One should never insert oneself into a narrative for which one was not intended,” Conforti stated. Maintain composure and refrain from actions or statements that may exacerbate the issue.

Verify the accuracy of your I-9 forms

Federal law mandates that all businesses retain completed I-9 forms for their employees, which serve as paperwork to verify an individual's identification and work authorization in the United States. Penalties for inaccuracies can be substantial, regardless of whether the error was inadvertent.

“Restaurant proprietors must maintain precise and comprehensive I-9 forms for each employee,” Conforti stated. This does not entail performing background checks; rather, it involves executing "reasonable due diligence" to verify the authenticity of the documentation.

Restaurant proprietors ought to contemplate the segregation of I-9 forms from personnel records and provide training for HR professionals on the proper assessment of these documents, ensuring non-discrimination against applicants based on nationality or perceived status.

Acquire security cameras

Video surveillance can be essential for obtaining evidence for oneself or an employee in the future. “The videotape may serve as evidence of potential violations of constitutional rights or Fourth Amendment search and seizure provisions,” Reisz stated. Owners must retain footage and document badge numbers, agent names, and the dialogue occurring during any enforcement action.

Assist staff in preparing for adverse contingencies

“If an individual is employed and faces the possibility of arrest, they should have a contingency plan established,” Reisz remarked. This entails designating a family member for communication, ensuring accessibility of prior immigration paperwork for an immigration attorney, and understanding the means to reach an immigration attorney or a quick response network.

Certain workers possess "red cards," which are documented declarations affirming their entitlement to keep silent and to access legal counsel. "They may be presented to ICE officers to express, 'I wish to consult my counsel.' “I will not respond to any inquiries,” Reisz stated, noting that an employer might also prepare these for its employees.

In the event of an arrest, respond promptly

In the event of a worker's detention, time is of the essence. Restaurant proprietors ought immediately notify local immigration advocacy organizations, such as the California Coalition for Immigrant Justice, and aid the worker's family in finding legal representation. “Those organizations are monitoring the locations to which individuals are likely being dispatched,” Reisz stated. According to Reisz, these groups can facilitate a connection with an immigration attorney who can respond promptly.

Although enforcement may fluctuate with the political climate, the risk remains persistent for several workers in the restaurant sector. Consequently, preparedness is paramount. As Reisz recommends, if it is unnecessary, "Refrain from speaking." Refrain from signing any documents.