More than 100 restaurants in Washington, D.C., were visited last week by agents from several federal agencies, in a sweep led by U.S. Immigration and Customs Enforcement. They arrived unannounced, some wearing tactical gear, to serve papers that notified the businesses that their employees’ immigration status was being audited.
The targets included high-profile restaurants like José Andrés’s Jaleo, Chang Chang and Chef Geoff’s, whose owner, Geoff Tracy, is married to the CBS News correspondent Norah O’Donnell.
The action was part of a broader sweep in the district that led to nearly 200 arrests, according to ICE. In a statement, the agency said it had “targeted the most dangerous illegal offenders” in the capital. “These arrests make clear that violating our nation’s immigration laws will not be ignored.”
None of the arrests resulted from the agents’ visits to restaurants, an ICE spokesman said. Still, the broad scope and unusual nature of the action (such audits are usually conducted by mail or email) has sent fear throughout the restaurant business, which relies heavily on the labor of undocumented workers
Lawyers from the National Immigrant Law Center, private firms and local and national restaurant associations have been producing “Know Your Rights” documents, and contacting clients with guidelines on how to respond. All said that they expect these actions to increase nationally as the Homeland Security Department, which includes ICE, increases enforcement. (ICE declined to say whether similar actions were planned around the country, citing the safety of its employees.)
The lawyers offered these basics about federal laws and guidelines. ICE did not respond to requests for comment on that information.
What was the purpose of these visits?
Agents entered each restaurant to deliver a notice of inspection, which compels the business to show an I-9 form for each employee. It is the beginning of a process known as an ICE audit or I-9 audit.
Since 1986, employers have been required to collect the form from every new employee, even temporary workers. The form is used to verify identity and authorization to work in the United States, and must be supported by documents such as a passport, a work visa or a green card. The form must be retained by the employer and provided to ICE in the event of an audit.
Is the restaurant owner responsible for verifying the supporting documents?
The employer is required to examine the supporting documents and confirm that they appear valid for the employee. They do not have to independently verify the information, but in some states and jurisdictions, they are required to use the federal electronic verification system, E-Verify.
Are federal agents allowed to enter any restaurant?
Yes, they are allowed to enter businesses that are open to the public, such as restaurants and stores.
Are they allowed to search the restaurant for people or documents?
Without a judicial warrant or consent from the business owner, they are not allowed to enter any space that is closed to the public, such as the office, kitchen or the employees’ locker room. Any area with a door marked “Private” or “Employees Only” is considered a private space. If the kitchen is open and accessible to the dining room, it may be considered a public space.
What if the employer doesn’t have the I-9 forms or doesn’t want to show them?
Businesses are not required to keep the documents on site, and in many cases they are filed elsewhere or online. Operators are not required to show the forms when the notice of inspection is served. But they must submit them by the date ordered on the notice — usually, within three business days — or face penalties.
Can officials arrest restaurant employees based solely on suspicion that their forms aren’t valid?
No. But they have the authority to question people in public areas about their immigration status, and to make arrests based on the answers people give, or on conduct such as trying to flee or hide. Legally, that behavior could generate probable cause sufficient to justify an arrest.
What should employees do in this situation?
Employees can answer questions, but do not have to do so, and they do not have to show any documents. They can remain in private areas of the business.
