Increased immigration enforcement actions by federal agencies are affecting restaurants and other businesses across the United States, according to David Asser, a partner with Messner Reeves. Asser highlights that recent operations have included raids conducted during business hours by agencies such as Homeland Security Investigations (HSI), Enforcement and Removal Operations (ERO), and Customs and Border Protection (CBP). These actions have led to operational disruptions and heightened concerns about worker safety.
Asser notes that the current administration has emphasized worksite enforcement, using public communications to highlight its activities. “ICE leans into and creates the public image of fear by being vocal about its increased focus on worksite immigration raids throughout the current Trump Administration, often boasting about them in their alerts, press releases, and social media, with photos on ICE’s website showing worksite enforcement agents wearing tactical gear such as ballistics vests and with firearms and face masks,” he states.
He also points to an increase in incidents involving unidentified agents detaining workers outside worksites. According to Asser, “There is also a disturbing trend of unidentified agents conducting enforcement outside of worksites, with masked, unidentified agents arresting and detaining workers.” He links this development to a Supreme Court decision permitting federal agents in Los Angeles to target individuals at their workplaces.
Worksite inspections have become more complex due to evolving compliance requirements. Employers face risks of civil and criminal penalties while workers may be detained. Agencies provide limited guidance on employment verification processes, which adds confusion for both employers and employees. Changes in regulations—such as the elimination of some immigrants’ work authorization—and an expanded ICE budget under new legislation are expected to further increase enforcement activity.
To address these challenges, Asser recommends several strategies for restaurant owners:
– Regularly update knowledge of immigration laws;
– Develop detailed response plans for ICE inspections;
– Conduct internal audits of employment verification processes;
– Maintain open communication with employees;
– Prepare contingency plans for potential labor shortages.
“By taking these proactive steps, restaurants can better manage risks related to ICE enforcement, support employees, and maintain business stability,” says Asser.
He advises restaurant owners to consult legal professionals specializing in immigration law for guidance through these issues: “In 2025 and beyond, it is important for restaurant owners to engage legal support and work with professionals who specialize in immigration and employment law. They can guide you through complex legal landscapes.”
Messner Reeves offers compliance solutions including I-9 audits, discrimination claim assistance, H-1B LCA compliance advice, among other services tailored for the restaurant industry.
