The restaurant industry is one of the largest employers of foreign-born workers, making it a frequent target for U.S. Immigration and Customs Enforcement (ICE) workplace inspections. Whether or not your restaurant employs undocumented workers, it is essential to have a plan in place to handle an ICE visit professionally and legally. Failing to prepare could lead to disruption, financial penalties, and damage to your reputation.

Steps to Prepare for an ICE Inspection

1. Ensure Compliance with Employment Records

  • Form I-9 Audits: Conduct regular internal audits to ensure all employee I-9 forms are completed correctly and stored securely.
  • Record Retention: Keep I-9 forms for at least three years after hiring or one year after an employee’s departure.
  • Proper Documentation: Ensure all employees have completed the required paperwork, and keep these records separate from personnel files for easy access in case of an inspection.

2. Train Your Staff on ICE Protocols

  • Designate a Point of Contact (POC): Assign a manager or legal representative to interact with ICE agents during an inspection.
  • Know What to Say: Staff should be trained to politely direct ICE agents to the designated POC and avoid answering questions about employees’ immigration status.
  • Understand Employee Rights: Educate workers on their right to remain silent and request an attorney before answering any questions.

3. Understand the Different Types of Warrants

  • Judicial Warrant: Signed by a judge, this allows ICE to enter non-public areas of the restaurant.
  • Administrative Warrant: Issued by ICE but not signed by a judge, this does not grant access to private areas.
  • Verify All Warrants: Always ask to see a warrant before granting access and consult legal counsel before complying.

4. Establish a Response Plan

  • Conduct Drills: Train staff on what to do in case of an ICE visit, similar to a fire drill.
  • Have Legal Counsel Ready: Maintain contact with an immigration attorney who can advise on next steps during and after an inspection.
  • Secure Sensitive Information: Store employee records in a location that is accessible only to authorized personnel.

What to Do During an ICE Inspection

1. Stay Calm and Follow Protocol

  • Ensure that managers and employees remain composed.
  • Employees should immediately notify the designated company representative and legal counsel.
  • You do not provide additional information beyond what is legally required.

2. Verify the Legitimacy of Any Warrant

  • Request a copy of the warrant and review it carefully.
  • If it is an administrative warrant, you are not required to grant access beyond public areas.
  • Employees should not be asked to self-identify based on immigration status.

3. Document Everything

  • Assign a manager to take detailed notes on ICE’s actions, including names of agents and records seized.
  • If possible, take photos or video recordings (where legally permitted).

Why Proactive Compliance Matters

Being proactive about I-9 compliance and ICE preparedness is crucial to avoiding costly legal consequences and business disruptions. Many businesses mistakenly assume they are safe from ICE scrutiny until an audit or raid occurs, only to discover critical compliance gaps. By implementing routine internal audits, staff training, and proper documentation practices, businesses can mitigate risks before they become legal liabilities. The key to a smooth ICE inspection is preparation—having a clear response plan, keeping records organized, and ensuring employees know their rights.

Post-Inspection Steps

  • Assess Legal Risks: Immediately consult with an immigration attorney to evaluate any potential legal consequences and determine the next course of action.
  • Review Documentation: Share any collected notes, videos, or records from the ICE visit with legal counsel for assessment.

2. Communicate with Staff

  • Provide Reassurance: After an ICE inspection, employees may feel uncertain about their status and job security. Provide clear and factual information to reduce fear and misinformation.
  • Clarify Employee Rights: Offer guidance on employees’ legal rights, what to do if approached by ICE in the future, and remind them that they are not required to answer questions without legal representation.

3. Review and Improve Procedures

  • Conduct a Debriefing: Hold a meeting with key managers and legal counsel to analyze how the inspection was handled and identify areas for improvement.
  • Update Compliance Protocols: Revise company policies to strengthen compliance with I-9 regulations and ICE procedures, ensuring all staff members are well-prepared for future inspections.
  • Schedule a Compliance Audit: If an ICE audit reveals deficiencies, law firms can assist in correcting these issues and implementing stronger compliance protocols.

Jeff Margolis counsels major hospitality (hotel and restaurant) companies in two main areas: immigration and real estate (leasing/franchise leasing). He has shared his expertise in these areas by frequently lecturing before bar and trade groups and authoring cutting-edge articles. On the immigration side, for the past forty years, Jeff has been an active member of the Association of Immigration and Nationality Lawyers; on the real estate side, he is an adjunct professor of real estate law at Brooklyn Law School where he teaches commercial leasing. Jeff has received the AV (highest) rating for professional skills and ethics from the distinguished Martindale-Hubbell Law Directory.After practicing with several major New York City firms, he founded The Margolis Law Firm in 1982.

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