One week into President Trump's second presidential term it's become clear that he is making good on his pledge to focus on immigration enforcement. On his first day in office, President Trump signed a number of Executive Orders targeting immigration and expanding the legal authorities and infrastructures used to enforce immigration law against immigrants already in the U.S.
According to the National Restaurant Association, immigrants make up over 20% of all U.S. workers in the restaurant and foodservice industry. As a result, the restaurant industry stands to be greatly affected by enforcement of, and changes to, immigration policies.
What Immigration Laws & Policies are Changing?
Undocumented immigrants aren't the only group that stands to be affected by the Trump administration's laws. Those with work visas are also at risk, which could be a blow to the restaurant industry as it legally hires many individuals with work authorization under visas.
According to a recent report from the National Restaurant Association together with the law firm of Fisher Phillips, the new administration is expected to set limits and implement policy change on the following:
- Work authorizations for F-1 students on OPT/STEM OPT and H-4 spouses
- Deferred Action for Childhood Arrivals (DACA)
- Temporary Protected Status (TPS)
- H-2A, H-2B, H-1B, E-3, L-1, and TN work visas
- Increased scrutiny of work visa petitions through Requests for Evidence
The report says, "Changes to the nonimmigrant H-2A visa category, designed for agricultural workers, would have an impact on our suppliers, and changes to the nonimmigrant H-2B visa category, designed for seasonal workers, would have a direct impact on the hospitality industry."
E-Verify+, a new government tool aimed at streamlining workplace eligibility verification of employees, is also expected to become mandatory.
What to Do Before an ICE Raid or Audit
The report from the National Restaurant Association and Fisher Phillips recommends restaurants take steps now to be prepared to handle potential ICE audits and raids. Their suggestions include:
Understand the risks of immigration violations: Penalties can include civil fines, criminal penalties, operational disruptions, and more.
Minimize the likelihood of a raid: Be proactive and address these areas for compliance:
- Establish I-9 compliance
- Conduct regular I-9 audits
- Provide managers and HR employee training
- Consider using E-Verify
- Establish a rapid response plan
Know how to respond to an ICE audit or raid: Review the recommendations below.
Prepare for workforce disruptions: Fear of raids may affect employee attendance. The report says, "Know that certain forms of collective action, including work stoppages, may be protected by the National Labor Relations Act (NLRA) – regardless of whether your workers are unionized. Train managers to engage with employees in a neutral, supportive manner and avoid threatening discipline for legally protected concerted activity."
What to do if ICE Raids Your Restaurant
The NYC Hospitality Alliance and law firm Fox Rothschild also recently released a report on immigration crackdowns and the recourses available to restaurants.
The report provided a summary of the recommended actions that employers should consider if they are the target of a raid or audit from ICE. Above all, the report says to call counsel as soon as possible.
Designate & Inform Staff: Make sure that all key employees are aware of what to do prior to an ICE visit. Beyond managers, this should also include hosts and receptionists, who are likely to be the first employees ICE officers encounter. The report also recommends a company representative be designated to handle questions and serve as the primary contact person with the ICE officers.
Warrants: Ask the ICE officers if they have a warrant and review it. Warrants should:
- Be signed and dated by a judge
- Include a time frame for the search
- Describe the premises to be searched
- No other private areas may be searched, but public areas can be entered. Consider placing signage designating certain areas as “private” to distinguish them from public areas in advance of a raid.
- Include a list of items to be searched and seized
The report says, "You can accept the warrant but inform the officers that you do not consent to the search of your premises. The search will proceed, but this will allow you to contest the search later should you choose to do so."
Seized Items: ICE officials will most likely be looking for payroll statements, I-9 forms, employee identification documents, etc.
Log the items that are taken, and ask if copies can be made. For physical equipment like computers, request that the officers image the devices instead of seizing them—especially if the seizure will interfere with your ability to conduct business.
Compliance: The report advises NOT to:
- Lie or provide false information
- Physically interfere with the search
- Hide or destroy documents
- Prevent officers from talking to employees
- Help employees to hide or leave
After: Once the raid is finished, the company should document the details of the raid, including:
- Number of agents and names
- Actions taken
- Requests made by the officers and the response to any such requests
- Items seized
What to do if you Receive an ICE Audit
As an alternative to raids, ICE officials may send you a Notice of Inspection that requires you to provide ICE with copies of all requested records (such as I-9s) within three days of receipt. Call counsel immediately upon receipt of this notice.
Once the documents are sent, ICE will inform you of the results. Your restaurant will either be in compliance or be asked to terminate or provide work authorization documents for unauthorized employees. Restaurants in violation can face consequences ranging from warnings to civil and criminal penalties.
Learn More
If you're interested in learning more, check out these resources:
Register for the National Restaurant Association and Fisher Phillips' Workplace Immigration Compliance Webinar on February 10 at 2:00 p.m. ET.
Register for the NYC Hospitality Alliance & Fox Rothschild's Immigration Webinar for NYC Hospitality Employers on February 7 from 1:30 – 3 pm.
For the full National Restaurant Association and Fisher Phillips report, click here.
For the full NYC Hospitality Alliance and Fox Rothschild report, click here.
Are you registered for our Crave and Crave on the Menu newsletters? Sign up today!
Plan to Attend or Participate in Our Events:
- 2025 Bar & Restaurant Expo, March 24-26, 2025, Las Vegas, Nevada. Register Now!
- 2025 Bar & Restaurant Expo Denver, October 26-28, 2025, Denver, Colorado
To learn about the latest trends, issues and hot topics, and to experience and taste the best products within the bar, restaurant and hospitality industry, plan to attend Bar & Restaurant Expo 2025 in Las Vegas. Visit BarandRestaurantExpo.com.
To book your sponsorship or exhibit space at our events, fill out our form.
Also, be sure to follow Bar & Restaurant on Facebook and Instagram for all the latest industry news and trends.