Increased immigration enforcement actions are affecting restaurants and other businesses across the United States, according to David Asser, a partner at Messner Reeves. In a recent article, Asser highlights the growing presence of agencies such as Homeland Security Investigations (HSI), Enforcement and Removal Operations (ERO), and Customs and Border Protection (CBP) in conducting worksite enforcement activities.
Asser notes that “the Administration’s surge in worksite enforcement actions across the country is part of a disturbing pattern: an immigration enforcement system focused on instilling fear rather than on upholding the law.” He describes how Immigration and Customs Enforcement (ICE) has been publicizing its increased focus on workplace raids, often showing agents in tactical gear on their website and social media.
There is also concern about unidentified agents detaining workers outside worksites. According to Asser, “this trend is likely to intensify given the Supreme Court’s ruling allowing federal agents in Los Angeles to target individuals for simply going to work at sites such as farms, restaurants, carwashes, and construction sites.” He adds that these tactics have created operational challenges for businesses and heightened anxiety among employees.
Employers face complex compliance requirements due to shifting regulations. Agencies offer limited guidance on employment verification procedures, leaving both employers and workers uncertain about legal obligations. The One Big Beautiful Bill Act (OBBBA) has tripled ICE’s budget, which Asser says will result in more aggressive enforcement measures targeting workplaces that employ immigrants.
To address these risks, Asser recommends several steps for restaurant owners:
– Stay informed about current immigration laws.
– Develop a response plan for ICE inspections.
– Conduct regular internal audits of employment verification processes.
– Maintain open communication with employees regarding their rights.
– Prepare contingency plans for potential labor shortages or disruptions.
He concludes by emphasizing the importance of working with legal professionals specializing in immigration and employment law: “By taking these proactive steps, restaurants can better manage risks related to ICE enforcement, support employees, and maintain business stability.”
Messner Reeves offers services such as I-9 compliance assistance, audits, discrimination claims support, and H-1B LCA compliance solutions. For further information or legal support regarding workplace immigration issues in the restaurant industry, contact Immigration Attorney David Asser at Messner Reeves.
