Immigration inspectors put restaurants on alert
As U.S. Immigration and Customs Enforcement officers swept across Northern California earlier this year, arresting more than 150 undocumented immigrants, the Bay Area restaurant industry watched closely.
“Everyone is fearing a day that ICE could show up at their doors,” said Gwyneth Borden, executive director of the Golden Gate Restaurant Association.
For restaurateurs and their staff, it’s more than just speculative anxiety. During the past several months, numerous food businesses in the region have received a notice of inspection from the agency, though no raids have been reported.
Such notices require that a business owner provide employment eligibility verification, known as I-9 forms, for
both current employees and former employees who worked for the business within the past three years. Once a notice is received, business owners have three days to produce the forms, which they are legally obliged to possess, according to the ICE website.
The notification process can happen quickly, Borden said. Employers receive a written notice — either in person or via certified mail — at least three days before an actual inspection. ICE officials may also use subpoenas and warrants to obtain documents from an employer without providing three days’ notice, according to the Department of Homeland Security.
Natividad Ramirez, whose family has owned Don Ramon’s Mexican restaurant in SoMa since 1982, said agents are visiting restaurants. Over the years, she said, she has interacted with agents who have come to her restaurant, asking about specific employees.
The key, she said, is for employers to understand the law and the rights of their employees. “We as employers have to be ready,” she said. “You have to be ready for anything.”
According to the Pew Research Center, undocumented immigrants account for 11 percent of the country’s restaurant and bar workforce, a percentage that translates to around 1.3 million people. The workers seldom interact with diners since they tend to occupy lower-level positions such as bussers and dishwashers. Undocumented workers make up 17 percent and 19 percent of each category, respectively, according to Pew.
The 2016 Planning Department Commerce and Industry data showed there were 64,000 restaurant workers in San Francisco, generating $4.5 billion in taxable sales, while accounting for 52 percent of retail sales tax collected in San Francisco.
Nick Cobarruvias, co-owner of Son’s Addition in the Mission District, employs roughly 29 people at his restaurant. He said about two-thirds are immigrants.
Cobarruvias said one employee recently failed to show up for work for several days. Both he and staff members tried contacting him, to no avail.
“It turned out he was picked up by ICE. Just wrong place, wrong time,” Cobarruvias said. “This is the new reality we’re dealing with. People talk about it like it’s theoretical, but this is really happening.”
Ramirez of Don Ramon’s said the palpable fear is reminiscent of the 1960s. “Back then (ICE) would just walk onto your premises,” she said. “Nobody knew they had rights.”
The GGRA is trying to educate restaurant owners and chefs surrounding such issues. Borden said she is urging people to review AB 450, also known as the Immigrant Worker Protection Act, which was implemented in January. The legislation tells employers who are visited by ICE officials to ask for a warrant, protect private employee records and notify the employees of the inspection notice.
Tobias Damm-Luhr, an immigration lawyer in San Francisco who spoke Tuesday at an industry conference, recommended that employers set reminders on their personal calendars to keep employees’ I-9 documentation up to date.
Meanwhile, Adrienne Pon, executive director of San Francisco’s Office of Civic Engagement and Immigrant Affairs, said employers should be aware of potential pitfalls within ICE paperwork.
“I tell employers to arm yourself with accurate and up-to-date information,” she said. “In this environment, they’re changing questions on forms every week.”