Chefs Prepare for ICE Raids and an Attack on the Industry’s Essential Workers

Since President Donald Trump’s inauguration, the threat of U.S. Immigrations and Customs Enforcement (ICE) raids has spread fear and uncertainty—as well as a certain amount of determination—in the restaurant community. In early January, a D.C. chef printed out wallet-sized “Know Your Rights” cards and distributed them to everyone on her staff. After nonprofit The CHAAD Project posted on Instagram instructions on what to do in case of immigration raid, commenters pleaded for one in Spanish. CHAAD delivered. A restaurant attorney has been fielding calls from clients who want to know if they have to turn over their dishwashers, what will happen to their families, and what an ICE raid actually means. 

“Everybody is so afraid,” a North Carolina chef told me. The owner of a taqueria, his back of house is made up of single moms, all of whom are undocumented immigrants. Every day, he texts them before work or if someone’s running just a few minutes late to make sure they’re OK.

America’s restaurants employ at least 1 million undocumented workers, according to the Center for Migration Studies of New York. “It doesn’t matter if a restaurant has three Michelin stars or are mom and pop, a lot of their prep people are undocumented,” says Vivian Chen, a hospitality attorney. “Some have been working [in those roles] for 10, 20 years. They’re the backbone of the kitchen.”  

That backbone is showing signs of stress. Last Thursday, U.S. Immigrations and Customs Enforcement (ICE) agents raided Ocean Seafood Depot, a Newark, N.J. restaurant, and detained U.S. citizens and undocumented workers without a judicial warrant. In late December, New York City’s Tin Building, a food hall run by Jean-Georges Vongerichten, fired 100 workers who failed to pass a surprise employment authorization check, a seemingly preemptive move to expunge undocumented workers from employment rolls as the Tin Building restructured its management. 

“A lot of people in hospitality are buckling up, because there are certain restaurants and restaurant groups that are going to be on the high target list,” says Chen. “Honestly, I’ve been telling my chefs. If you have enemies, a report can trigger an ICE raid. It doesn’t guarantee it, but any suspicion or any kind of report, and suddenly you become somebody on a list that ICE may or may not pursue.”

The taqueria owner operates within an LGBTQIA+ friendly bar. His social media posts are resolutely anti-colonialist. He feels a target on his back. “We’re a blue dot in a red sea,” he says.  

But rather than stand by passively, he is working with activists and Latino business owners to educate the community, share resources, and plan for raids. “Everyone is prepared. We’re not gonna go down without fighting,” he says. “If ICE shows up, we will close the door and ask for a warrant. They can’t come in unless we invite them. We’ll stay on site. We’ll also call our lawyers if ICE doesn’t want to leave.” Adding to the protocol, he collected the phone numbers for all his workers’ family members so he and his partner can notify them of a raid. “The possibility of ICE going to their house is high. My partner and I, if necessary, will go to their homes and move their families,” he says. Along with other activists, they’re also establishing safe houses for short-term crisis housing. 

The work, and stress, of making such preparations has been exhausting, especially on top of running a restaurant. But he’s also been buoyed by support outside of the immigrant community. Other business and restaurant owners have offered their support, as well as spaces as a haven, in case of raids. “That means something,” he says. “It assures us we’re not alone.” 

For operators who want to make a plan in case of an ICE visit or raid, Chen has prepared the step-by-step guide below. Contact your attorney with additional questions. 

What to Do If ICE Comes to Your Restaurant

Prepared by Hospitality Attorney Vivian Chen @yourhospitalityattorney

Common Reasons for ICE Visits

Form I-9 audits

• A Form I-9 audit is when ICE comes to your business to check if you followed the rules for Form I-9.
• Form I-9 confirms a worker’s identity and authorization to work in the United States, usually with a work authorization, Social Security card, driver’s license, passport, or some combination.*  
• Form I-9 is required for all new employees.
• You must keep I-9 forms on file for three years after hiring or one year after the worker’s last day of work, whichever is later.
• Do not ask a worker to fill out Form I-9 more than once unless their work permit is about to expire or you have another valid, legal reason.
• If you don’t have I-9 documents for certain employees, you are in violation of federal law, and those employees may not be recognized as authorized to work during an audit. 
• In the event of an I-9 audit without a judicial warrant, ICE officers cannot access private areas of the workplace without consent (see details on warrants in sections below). If officers have a valid judicial warrant, they may count workers and request documentation. 
• Failing an I-9 audit can result in fines and penalties, with criminal charges being rare but possible in cases of willful or repeated violations. It is always legally required and best practice to have a completed and accurate I-9 form for every employee.

Note: You do NOT have to keep copies of a worker’s ID or work authorization documents.

Raids for Investigations

• ICE agents go to a worksite without warning as part of an investigation into an employer.
• ICE agents are not police officers, but their uniforms may say “Police” or “Federal Agent.” They may carry guns. Sometimes local police officers go with ICE agents on ICE raids.

Detaining Specific Workers

ICE agents may come to your business to try to find a particular person (or people). While they are there, they may try to question, detain, and even arrest other people.

How Employers Can Prepare for ICE Actions

Develop a Written Response Plan

• Designate a point of contact for ICE interactions. This can be a manager, assistant manager, head chef, or host.
• Train staff to refer ICE agents to the designated contact.
• Create a written policy for handling ICE visits and practice it with staff.
• Make sure you have your lawyer’s contact information readily available to your staff.

Train Staff NOT to Talk to ICE

• Train all workers to NOT allow ICE agents to enter your workplace. A worker can say, “I can't give you permission to enter. You must speak with my employer.”
• Train all workers to NOT interact with ICE agents. If ICE agents have questions or requests, workers should say nothing, or say, “You are not allowed to enter. Talk to my employer.”
• Do NOT run away if ICE agents show up. Running away could give ICE a legal reason to arrest workers.

Mark Private Areas

• Private areas are off limits. ICE cannot enter these non-public areas without a judicial warrant.
• Know the difference between a judicial warrant signed by a judge and an administrative warrant. 
• An administrative warrant does NOT allow entry to private areas.
• To show that some areas are private, mark them with a “Private” sign, keep the doors closed or locked, and have a policy that visitors and the public cannot enter those areas without permission.
• ICE agents can access public areas like lobbies but cannot question or arrest indiscriminately.

Know Your Rights

• Employers have rights when ICE goes to a business. ICE agents do not always have a right to enter your business, stop or arrest your workers, or take documents.
• Work with a lawyer or advocate to arrange a “Know Your Rights” training for you and your staff and pay your staff for the time they spend in training.
• Order or print out Know Your Rights cards and distribute them to staff.

What to Do When ICE Arrives

Public Areas

• Anyone, including ICE agents, can enter public areas of your business without permission.
• Public areas include a dining area in a restaurant, parking lot, lobby, or waiting area.
• Being in a public area does NOT give ICE the authority to stop, question, or arrest just anyone.
• No one can enter a private area of your business without your permission or a judicial warrant.

Private Areas

• Immigration agents can enter a private area ONLY if they have a judicial warrant.
• A judicial warrant must be signed by a judge and say “U.S. District Court” or a State Court at the top.
• Without a judicial warrant, ICE agents need YOUR permission to enter private areas of your business.
• If ICE agents try to enter a private area, you should say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have one to show me?”
• If ICE agents tell you they have a judicial warrant, ask for a copy and read it.
• Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission. Administrative warrants are not from a court.
• They say “Department of Homeland Security” and are on Forms 1-200 or 1-205.

During the Raid

• Do NOT run! Running can be used as justification for agents to detain or question individuals, as it may be seen as “reasonable suspicion” of unlawful activity.
• This might lead ICE agents to respond with increased aggression, putting everyone at greater risk. It could be cited later in legal proceedings as evidence of non-compliance or wrongdoing, even if unintentional.
• If ICE shows you an administrative warrant with an employee’s name on it, you do NOT have to say if that employee is working on that day or not. You do NOT have to take the ICE agents to the employee named on the warrant (even if he or she is at work at the time).
• Do NOT help ICE agents sort people by their immigration status or the country they are from.
• Watch the agents and see if they are complying with what’s written in the warrant.
• If you or an employee is willing, you should video or record what the ICE agents do at your workplace.
• You may be able to prove the agents violated your rights or your workers’ rights.

What If You Are Stopped, Questioned, Detained, or Arrested?

• ICE agents may try to stop, question, or even arrest a worker without the proper authority.
• The best way for workers to protect their rights is to stay silent and ask for an attorney.
• Workers do not have to hand over any IDs or papers to ICE. All workers have this right.
• Any information that workers give to ICE can be used against them later.

After Agents Leave

Document the Raid

• How many ICE agents were present (inside and outside)?
• How were the agents dressed? Were they armed and, if so, with what?
• Did the agents make you or your workers believe you could not move or leave?
• Did the agents mistreat anyone? If yes, how?
• Notify the employees’ union.
• If ICE arrests any of your workers, ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person.

Caroline Hatchett is senior editor of Plate.