In a recent Food & Wine article, Damian Conforti, Chair of our Hospitality Services Group and Partner of our White Collar and Criminal Defense Group, was among the legal professions consulted to help restaurant owners understand how to respond if immigration enforcement authorities enter their business. Conforti emphasized a key legal point: employers should ask to see a warrant and not consent to a warrantless search. This article underscores the importance of understanding your legal rights and remaining composed in the face of unexpected enforcement activity.
Understanding Access and Warrant Requirements
According to the article, immigration officers may enter public areas of a restaurant, like dining rooms and lobbies, without a warrant. However, they cannot legally access private spaces such as kitchens or offices without a signed judicial warrant. Conforti emphasized that business owners should politely ask to see the warrant before allowing entry beyond public-facing areas.
Appoint a Contact Person
Having a designated point person to interact with ICE agents is also recommended. This helps ensure that communication is clear and controlled. Other employees should avoid answering questions and simply refer agents to the assigned contact. It’s equally important to avoid obstructing enforcement efforts. As Conforti noted, complying with lawful instructions—without overstepping—can help protect both the business and its staff.
Be Prepared
While there have been reports of reduced enforcement activity in the hospitality sector, no official policy confirms this shift. That’s why restaurant owners should remain vigilant, keep their documentation in order, and ensure their staff is prepared. Compliance and preparation are key to navigating complex enforcement situations with confidence and clarity.
For more information on immigration compliance, you can reach Damian P. Conforti at dconforti@mblawfirm.com or at 973-243-7996.