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President-elect Donald Trump has threatened mass deportations, which may mean that your restaurant will be visited by agents of the Immigration and Customs Enforcement (ICE) agency. What should you do to prepare?
It goes without saying that well before a raid, you should make sure your employee paperwork is in order, such as your I-9 forms, and ensure that your employees are all legally employable. Work with an employment attorney if you have any doubts about this. It is also valuable to have a relationship with an immigration attorney who you can turn to if problems arise.
However, even if you believe you are totally in compliance, ICE could still raid your restaurant if they have evidence of individuals there who are not legally in the country. They also can raid if they receive a complaint about that issue from a customer or employee. So it pays to be ready.
Here are some tips from the American Business Immigration Coalition and Passage Immigration Law:
Preparation
Create a company-wide plan on how to properly respond to a raid and make sure everyone in the restaurant knows what it is (see the next section below for what to do if ICE arrives).
Give each employee a Know-Your-Rights card. Click here to access one.
Appoint a point person, one per shift, who will speak with ICE agents if they arrive.
If ICE Arrives
Be respectful. Follow the other steps below, but even if the agents disagree with your assessment of what they can do, do not raise your voice or get into a physical altercation.
Call your immigration attorney. Tell the agents it is company policy to do so. The attorney may be able to speak with the agents, or even come to your restaurant immediately to take the lead.
Have your point person speak with the ICE agents and politely refuse to discuss the immigration status of employees without an attorney present. If they agents ask employees to stand in certain areas based on immigration status, remind them that they do not need to comply. They can stand still or move to a neutral spot.
Agents can freely go into public spaces, but do not allow ICE agents into your restaurant’s private spaces – the office, staff break room, etc. – unless they have a warrant. If they present a warrant, read it. Make sure it is signed and dated by a judge, and take note of the scope of the warrant. For example, it should explain what documents can be seized.
Remind your employees they have the legal right to remain silent. It is up to them whether they want to speak with the agents or not. They may ask for an attorney before they answer questions.
Don’t try to hide employees or help them leave. Similarly, do not lie to the agents or provide false documentation, and do not interfere with the agents.
Document the raid. Get the name of the supervising agent and the U.S. attorney assigned to the case. Make note of any documents that are taken. You may record the event from a safe and respectful distance. This information may help any employees who are detained.
If any employees are taken by the agents, make sure someone informs their families immediately and pay them any wages owed.
Click here for more details, including the rights of employees (even undocumented employees).