U.S. Immigration and Customs Enforcement (“ICE”) visited nine Washington, D.C restaurants on May 6, 2025, according to The New York Post and NBC News. ICE reportedly gave prior notice to some of the restaurants but not others. The reports show the benefits of preparation for visits from ICE that we’ve discussed in prior client alerts.

A manager at one restaurant that had not received advance notice refused to provide Form I-9s (which he was not required to do without prior notice) and refused to allow ICE agents to interview his employees (which he was permitted to do), per the reports. Not surprisingly, according to the reports, that restaurant had “been preparing for this for months by informing workers about their rights.” 

The reports further quoted the restaurant managers as saying that the ICE officers were “polite” and “professional” while also being assertive, in one case each entering the restaurant’s dining room from separate entrances at the same time. Those reports suggest that restaurant owners responded calmly and politely, but firmly, to the officers, most likely because of preparation for such visits.

The odds of ICE visiting any given restaurant are relatively small, but, as these reports indicate, preparation can prove invaluable. EGS’s employment attorneys have trained and advised numerous employers about their rights and helped them to plan for an ICE visit. Just as every office building has fire drills, even though most office workers will never experience an office fire, employees and managers who have received training have said that it benefits their workplace greatly for managers and workers to know what to do in the event of an ICE visit. 

Your Rights Regarding I-9 Inspections; Advance Preparation

According to the reports, ICE agents went to certain restaurants to review Form I-9s. You are entitled to three business days’ written notice of a Form I-9 inspection. This is not a technicality; it is required by law. 

In the meantime, it would be wise to:

• Check your Form I-9s, make sure you have one for every employee, that they are fully completed, and that they are easily accessible. You can obtain a Form I-9 and instructions for completing it here.

• Internally audit your Form I-9s to ensure they are complete and correct. ICE provides a detailed guide on how to do this. EGS also can perform this task for your restaurant.

What to do in case of an I-9 inspection or a raid.

It is crucial to understand the difference between an inspection of your I-9 records and a raid seeking to find undocumented immigrants.

A. I-9 Inspection.

If agents come unannounced and say they want to see your Form I-9s, tell them to send you a Notice of Inspection and that you’ll make them available then.

If you receive a Notice of Inspection three business days in advance, you must comply with the notice and allow reasonable access for that purpose.

B. Immigration Raid.

If ICE agents come to your restaurant and enter its public areas such as the dining room or lobby, or any private area (such as the kitchen or an office) ask them if they have a warrant.

• If they have no warrant, politely tell them to leave. If they will not leave, tell them that you’re calling the police and your lawyer;

• If they have an administrative warrant, which is a warrant for the arrest of an individual signed by an immigration law judge or an ICE official, do the same as you would if they have no warrant;

• If they have a judicial warrant (a warrant signed by a federal judge or magistrate) to conduct a search for evidence or for people the warrant authorizes them to arrest, you must comply with it by: (a) granting access to private areas of the restaurant; (b) granting access to documents or electronic devices specified in warrant.

To prepare for a raid you should train your employees: (a) not to run for the exits or try to hide as both acts could be probable cause for their arrest; (b) that they have the right to remain silent and to not provide any documents to ICE officers in the absence of a warrant authorizing a search of their person or for their arrest; and (c) that they have the right to an attorney if ICE detains them.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.