Policy on the Menu: How a federal immigration crackdown could impact restaurantsPolicy on the Menu: How a federal immigration crackdown could impact restaurants

Since taking office for the second time, President Donald Trump has released a flurry of executive orders, many of which are aimed at making immigration policy in the United States much stricter than before. The U.S. Center for Migration Studies estimates that there are approximately one million undocumented immigrants working in the restaurant industry today, many of whom could be targeted by these rapidly shifting federal policies. 

Among other actions and promises over the past couple of weeks, the White House declared a “National Emergency” at the Southern border, invoking a “mass influx” declaration for the first time. It authorized the Department of Homeland Security, the Department of Justice, and the Department of State to detain and remove undocumented immigrants and set a new daily arrest quota of 1,200-1,500 people for the U.S. Immigrations and Customs Enforcement (ICE) agency.

Additionally, the first piece of legislation Trump signed into law on Jan. 29 was the Laken Riley Act, which mandates the federal detention of undocumented immigrants who are accused of theft, burglary, assaulting a law enforcement officer, or any serious violent crime.

Although these policies are predominantly aimed at immigrants who have committed crimes, experts believe that the restaurant industry — which according to the National Restaurant Association, is comprised of 21% legal immigrant workers — would be immediately impacted.

“This has only exacerbated the crisis,” Andrew Rigie, executive director of the New York City Hospitality Association, said. “The uncertainty breeds fear. Just running a restaurant day-to-day is difficult enough, but adding this additional layer of uncertainty creates an even worse business environment. Immigrants are the backbone of the restaurant industry in so many ways.”

Rigie added that even if a restaurant or other workplace does not have any undocumented immigrants on staff, there still may be legal complications or confusion both for employers and their employees.

“Even if you have an immigrant worker who is authorized to work, maybe someone in their family isn’t authorized to, so they might be fearful just getting caught up in an ICE roundup,” Rigie said.

The Trump administration also challenged the 14^th Amendment by trying to end birthright citizenship for all babies born after Feb. 19, 2025, to undocumented mothers (unless the father is a citizen or permanent resident). However, the legality of this action has been challenged in court, and a federal judge in Maryland has blocked the birthright citizenship order.

“Even for workers that have legal, non-immigrant visa status, like H-2B Visas, there are going to be issues,” John Dorer, CEO of EB3.Work, a company that helps employers fill work positions with workers that have EB-3 visas, said. “For example, if an H-2B worker or their spouse has a baby, the baby would be deemed ‘illegal’ or ‘out of status’ the second they are born. This would mean that the baby would be subject to deportation.”

If this executive order is eventually upheld or reworked as legislation, it could cause more uncertainty and complications for restaurants hiring workers in the future. For an industry with such a high turnover rate, this is likely to exacerbate hiring shortages.

“Restaurants and hotels rely heavily on immigrant workers, plain and simple,” Dorer said. “Whether it’s back-of-house or front-of-house roles, these are jobs that are hard to fill. If immigration gets restricted, it’s going to make a tough labor market even tougher.”

He added that although the past couple of weeks have added their own challenges, the government processing time for green card applications had slowed during the Biden administration, which was unexpected.

“What I am hoping for is that this administration will make the legal immigration process more efficient, streamlined, and faster,” Dorer said. “Businesses that are going through the legal process and following the rules are being penalized by the lack of efficiency and lack of attention from the federal government.”

Restaurants and other places of business that often hire immigrants should be on high alert for the potential of ICE audits or even workplace raids. Dorer suggests that all employers consult with their employment attorney to prepare for a workplace audit of I-9 documentation to verify and fact-check employment authorization of all employees. He also said that companies that do not use E-Verify (a web-based system that compares information from an employee's I-9 form to government records) are more likely to be audited.

The New York City Hospitality Alliance partnered with Fox Rothschild law firm to release a series of guidelines for businesses that are raided by ICE. According to the guidelines, companies should designate a representative to handle a raid. When ICE comes to the door, they should immediately ask for badge numbers and a signed warrant. Legal counsel should be immediately contacted, especially if the ICE officers cannot produce a warrant signed by a judge. If they do have the proper documentation, they are entitled to search the premises, and employers should not assist employees in hiding from officers. Employers should inform employees that it is within their rights to choose whether or not to speak with ICE, but employers should not direct them to decline to answer questions.

Restaurant operators should stay informed about the changing rules and regulations around immigration policies, even if they do not have any immigrants on staff.

Téa Ivanovic, cofounder of Immigrant Food, a “gastroadvocacy restaurant” in Washington, D.C., said that immigrant workers (both legal and undocumented) touch every rung of the foodservice supply chain, from agricultural workers, to meatpackers, to truck drivers that help ship supply of ingredients and equipment all over the country.

“It’s not just about the restaurants specifically, but it’s also about everything else along the food chain,” Ivanovic said. “If there’s no labor to work the farms and the meatpacking plants, then that brings prices up for everyone in restaurants and grocery. So, when people complain about price increases, they should be aware of what’s happening in the background.”

This is the second story in a four-part series examining the impact of President Trump’s second term on the business sector, particularly the restaurant industry. The first story, on labor policy can be found here. New installments will be published weekly.

Contact Joanna at [email protected]