
The long-promised immigration sweeps began over the weekend, with federal agents reportedly arresting thousands of undocumented workers in events designed to draw media attention.
Immigration watchers within the restaurant industry say the raids are meant to send a message to those not authorized to work legally: You are not welcome here.
“Initially, this is a shock-and-awe campaign, where the government is working on the premise of ‘we want to create a scared populous,’” said Davis Bae, regional managing partner at the law firm Fisher & Phillips’ Seattle office, and a 30-year immigration attorney.
Following Trump’s Day 1 executive order enhancing immigration enforcement, Tom Homan, the Trump administration’s “border czar,” has reportedly directed enforcement agencies to prioritize criminal suspects who may already have been identified as being in the country illegally.
But the sweeps over the weekend did include some restaurant workers, and Bae contends the hospitality industry as a whole is vulnerable.
And Trump’s anti-immigrant message is already having an impact.
Bae cited one situation in which a restaurant worker was arrested over the weekend, and the next day two other employees didn’t show, even though they weren’t targeted.
“And that’s exactly the point. It gets the message out,” said Bae. “This is just the beginning.”
It’s not clear how far Trump will go, as the impact on the economy—and potential political backlash—takes shape.
“But there needs to be a separation of fact and fiction,” he said. “There needs to be a realization of the economic realities of what will happen.”
Bae recommends that employers take time to formulate a plan to prepare for the possibility that U.S. Immigration and Customs Enforcement, or ICE, or other federal agents, could come knocking.
Before that happens, make sure your company is compliant with all required I-9 documentation. That means making sure the documents are on file and up to date for all workers.
E-Verify is a tool that can be used to confirm employment eligibility, and it is required in some states. An updated version, known as E-Verify+ is coming, and is designed to streamline that process, said Bae.
But in these first few weeks, it won’t be about I-9 audits, he added. Those take time and resources, though that may be the approach down the road.
For now, the Trump administration wants to make an immediate splash. It appears the immigration sweeps will target people who might be deemed worthy of arrest, like someone already on the run from ICE or known gang members, Bae said.
It won’t likely be the grandmother with a speeding ticket, whose arrest would more likely inspire backlash.
If ICE does come to the door, it’s important to educate everyone on staff on specific procedures.
First, they should ask if the federal agents have a warrant. Without a proper warrant, employers are not obligated to let those agents in or provide documentation, Bae notes.
To verify that warrant, the employer should immediately contact the company’s general counsel. Bae advises his clients to have an emergency emoji—like a Bat signal—used only for that situation, so the employer doesn’t immediately have to reveal names or details, which could be sensitive.
The National Restaurant Association, through its Restaurant Law Center, recently posted some advice on what to expect as part of Trump 2.0 immigration efforts. If a worksite is raided with a valid warrant, managers should monitor but don’t interfere with federal agents, and avoid appearing to “harbor” the suspect. And document any property or records that are seized.
A webinar is scheduled for Feb. 10 with more in-depth discussion, featuring Bae and fellow Fisher & Phillips attorney Aldon Parker, co-chair of the firm’s Hospitality Industry Group, along with Jordan Heiliczer, the NRA’s labor and workforce policy director.
Bae said it’s important to remember that Trump is now a lame duck president, and his actions are designed to impact the midterm elections in two years. “There’s a lot of pressure to deliver,” he said.
But the impact on the economy could be extremely damaging, he notes. And it remains to be seen whether that could result in a political toll.
“In California alone, there are about 40 million people, and about 2 million don’t have status,” he said. “That’s one in 20—far larger than the Japanese internment. You can’t just take that population out of the workforce.”
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