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Recent headlines from across the country paint a concerning picture for the restaurant industry where immigration is concerned:
In Texas: ICE, Homeland Security raid bakery, charge owners with harboring illegal immigrants
In Tennessee: Tennessee Taco Truck Shares Shocking Footage of Suspected ICE Agents Raiding Their Vehicle, Questioning Workers
In Kansas: After ICE raid, Liberty restaurant sees boost of customers, fundraising for 12 detained
And in Florida: ICE raids having both direct, indirect impact on South Florida workers
As scenes like those play out throughout the country — and with the administration’s promise to further ramp up immigration raids nationwide — it is important for everyone to understand how to respond both before, during and after ICE agents pay a visit.
How to Prepare
Well before any raid happens, make sure that your employees’ paperwork such as I-9 forms is in order, and that your employees are all legally employable. Work with an employment attorney if you have any doubts. Having a relationship with an immigration attorney who you can turn to if problems arise is also valuable. 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.
The American Business Immigration Coalition and Passage Immigration Law suggest taking these additional steps:
- Create a company-wide plan on how to properly respond to a raid and make sure everyone in the restaurant knows what it is.
- 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.
How to Respond if ICE Arrives
According to the American Business Immigration Coalition and to Passage Immigration Law, there are several ways to handle the situation if ICE agents show up at your restaurant:
- Be respectful. 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.
- Get your “point person” involved. Have them speak with the ICE agents and politely refuse to discuss the immigration status of employees without an attorney present. If the agents ask employees to stand in certain areas based on immigration status, remind them they do not need to comply. They can stand still or move to a neutral spot.
- Don’t allow ICE agents into your restaurant’s private spaces. Agents can freely go into public spaces, but not into 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.
- Inform family members of any employee who is taken by the agents. Make sure someone contacts them immediately and also pay them any wages owed.
Click here for more details, including the rights of employees (even undocumented employees).
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