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What Employers Need to Know About Immigration Raids on Their Premises

Restaurateurs and other employers usually are not experts in conducting forensic evaluations of work authorization documents — nor are they expected to be. According to some Pew Research Center estimates, 20 percent of cooks in restaurants nationwide and at least 30 percent of dishwashers who may be undocumented nevertheless succeed in being hired as legal employees. Their employers then proceed to withhold taxes and Social Security based upon documentation of work authorization that went unrecognized as false.

Restaurants historically have been targets of U.S. Immigration and Customs Enforcement (ICE) raids and, as the Trump Administration Department of Homeland Security and ICE broaden their enforcement priorities, more raids could occur.

An ICE raid implicates potential civil and criminal charges. Therefore, it is essential to consult with counsel on these matters. The below overview provides employers with basic considerations in advance of a possible ICE raid.

How to Prepare for a Possible ICE Raid

  • Identify a first responder (and a back-up) who initially will interact with the ICE officer(s) and accompany the officer(s) while they are on your premises.

  • Advise your employees that if a raid occurs, they should not block, interfere, or engage in any hostilities with the ICE officers as the officers conduct their activities.

  • Inform your employees that they have a right to talk, and not talk, with ICE officers if they like. However, do not direct employees not to speak to agents when questioned. Suggest they can contact the American Civil Liberties Union (ACLU) if they have any questions about their rights.

What to Do if a Raid Happens

  • ICE needs a search warrant. Be sure to ask to see the warrant, examine it to see if it grants entry to your premises and that it is properly signed.

  • You can contact your attorney immediately, but ICE will not delay the raid to wait for your attorney.

  • Do not engage in any activities that could support a harboring charge, such as hiding employees, aiding in their escape from the premises, providing false or misleading information, denying the presence of specific named employees, or shredding documents.

  • After the raid, contact the families of any detained employee, debrief your staff, and make notes for your attorney as a privileged attorney-client communication.

Our complimentary webinar, “Restaurant Industry Insights: What Enhanced Immigration Enforcement Means for Your Business,” addresses this and other related topics. To view the recording, click here.

Jackson Lewis P.C. © 2018

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About this Author

Michael H. Neifach, Jackson Lewis, Employment visa Lawyer, border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

(703) 483-8300
Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National Verification Committee, which liaises with USCIS, ICE and OCAHO on I-9, E-verify and related worksite issues. Ms. Peck recently served on the AILA National USCIS Benefits Committee, the Interagency Committee, the Annual Conference Committee, previously chaired the AILA FOIA Liaison Committee, the AILA Comprehensive Reform Committee (2010-2011) and is a founding member of the Global Migration Action Group (2009 to present). She served as Chair of the AILA National Executive Office for Immigration Review (EOIR) liaison committee (2008-2010). Ms. Peck also served as Chair of the Strategic Planning Committee for AILA (2008-2009) and served on the Spring Conference committee (2008-2010). She was chosen as the editor of the AILA Midyear Conference materials in 2010, and past Chair of the Immigration and Customs Enforcement (ICE) liaison committee (2004-2006). She is past Chair of the AILA Iowa-Nebraska chapter (2001-2003), and previously served as its treasurer (1999-2000).

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