Know Your Rights: ICE Raids & San Diego鈥檚 Restaurant Industry

San Diego's restaurant industry is facing increased scrutiny as Immigration and Customs Enforcement (ICE) intensifies its raids, bringing the city鈥檚 role as both a border town and a sanctuary city into sharp focus. With federal immigration enforcement at odds with California鈥檚 protective policies, local restaurant owners and workers must understand their legal rights to safeguard their businesses and employees. In a climate of heightened immigration enforcement, knowing what ICE can and cannot do is critical for navigating this evolving landscape.

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San Diego, a vibrant border town and one of California's sanctuary cities, is experiencing a surge in ICE activity, stirring concern among its diverse communities. As a key player in the U.S.-Mexico border region, San Diego County has seen heightened enforcement efforts under the Trump administration's immigration crackdown, with over 7,500 undocumented immigrants arrested nationwide since the administration took office (). For the city's restaurant industry - where immigrants of all statuses comprise a significant portion of the workforce - this escalation poses unique challenges.

San Diego's proximity to the border, around 20 miles from Tijuana, amplifies its role in immigration dynamics. As a sanctuary city under California's Senate Bill 54, enacted in 2017, local law enforcement is prohibited from assisting ICE with immigration enforcement, a amid recent White House actions. This state law aims to protect immigrant communities by limiting cooperation with federal immigration authorities. However, ICE operates under federal jurisdiction, and its agents have greatly increased sweeps across San Diego County, targeting businesses, including restaurants, in both large-scale employer investigations and smaller, rapid raids.

San Diego's听restaurant industry employs a workforce where immigrants make up roughly 22 percent, according to the American Immigration Council. From taco shops in Barrio Logan to upscale eateries in La Jolla, these businesses are now navigating heightened scrutiny. Federal law governs ICE's authority, rooted in the Fourth Amendment, which protects against unreasonable searches and seizures, and the Fifth Amendment, which guarantees the right to remain silent. These constitutional protections dictate what ICE can and cannot do in public versus private spaces within a restaurant.

In San Diego restaurants, public areas - such as dining rooms, bars, and patios - are accessible to ICE agents without a warrant, as they are open to the general public. Agents can stop and question individuals in these spaces, though probable cause or a warrant is required for arrests. Private areas, like kitchens, storage rooms, or offices, are off-limits without either the owner鈥檚 consent or a judicial warrant.听

Judicial warrants, issued by a judge and bearing the seal of a U.S. District Court, specify the scope and timeframe of a search, granting legal entry into private spaces. In contrast, administrative warrants, issued by ICE or the Department of Homeland Security, lack judicial oversight and do not permit entry into private areas without permission. Local immigration attorneys in San Diego emphasize the importance of distinguishing between these warrants.听

Agents may present administrative warrants - identifiable by the Department of Homeland Security letterhead - to gain access, but these hold no legal weight in private spaces without consent. Restaurant owners can request to see any warrant and verify its type before allowing entry beyond public areas. Posting "private" signage on non-public sections can further reinforce these boundaries under federal law.

California's sanctuary status doesn't shield businesses from federal enforcement, but it limits local police involvement, placing the onus on ICE to act independently. The Trump administration has pushed policies to bolster this enforcement, including deploying troops to the U.S.-Mexico border and reducing asylum protections, moves that have heightened fear in San Diego's immigrant-heavy neighborhoods like City Heights and National City. Reports indicate undocumented residents are avoiding work and keeping children home from school, disrupting daily life and local commerce.

For restaurant owners, preparation is key. Designating only specific individuals - typically the owner or manager - to grant consent for entry into private areas can prevent unauthorized access. Employees can be instructed to state they lack authority to allow agents into restricted zones. Federal law allows the documentation of ICE actions via notes or video, provided it doesn't obstruct agents, though lying, hiding evidence, or assisting others to evade ICE is prohibited. Owners are not required to disclose employees' immigration status or identify individuals to agents. Remember, there is a constitutional right to remain silent.听

San Diego's restaurant community can also lean on local resources. Retaining legal counsel familiar with immigration law - abundant in this border city - offers a proactive defense. If ICE arrives, contacting counsel immediately and requesting agents wait for their arrival can strengthen a business's position, though agents may proceed regardless, in some cases even if not lawfully permitted. Organizations like the San Diego Immigrant Rights Consortium provide additional support, offering guidance tailored to the region's unique context.

The increased ICE activity reflects broader tensions between federal immigration priorities and California鈥檚 protective stance. While ICE targets undocumented immigrants, its raids often sweep up legal residents and citizens, straining the local economy and social fabric in the process.听

As a border town and sanctuary city, San Diego stands at the forefront of this clash, with its restaurants embodying both the contributions of immigrants and the challenges of enforcement. Understanding and asserting legal rights is crucial in protecting workers, businesses, and the integrity of the industry amid ongoing immigration challenges.

Below is a summary of legal rights to know in the face of an ICE raid.听

Best Practices for Business Owners

To safeguard employees and ensure compliance with the law, San Diego restaurant owners can take the following proactive steps:

1. Designate a Point of Contact: Assign a manager or owner to handle all ICE interactions.
2. Know the Difference Between Warrants: Require agents to present a judicial warrant before entering private areas.
3. Post 鈥淧rivate鈥� Signs: Clearly label non-public areas to reinforce legal boundaries.
4. Train Employees on Their Rights: Educate staff to remain calm and avoid providing information beyond basic identification.
5. Contact Legal Counsel Immediately: Retaining an immigration attorney can provide critical guidance in case of an ICE visit.
6. Document the Encounter: Taking notes or video recordings (without obstructing agents) can help ensure legal compliance and accountability.

Workers鈥� Rights in an ICE Raid

Regardless of immigration status, all workers have rights when confronted by ICE. These include:

• The Right to Remain Silent: Individuals are not required to answer questions about their immigration status.
• The Right to Refuse a Search: Without a warrant, ICE cannot enter private areas or search personal belongings.
• The Right to Legal Representation: Workers can request to speak with a lawyer before answering any questions.
• Protection from Retaliation: Employers cannot fire or threaten workers for asserting their rights.

San Diego Resources for Immigrants and Businesses

Several local organizations provide assistance to businesses and individuals affected by immigration enforcement:

• : Offers legal support and advocacy for immigrants.
• : Provides guidance on civil rights protections.
• : Educates workers on labor rights and immigration issues.

Printable 鈥淜now Your Rights鈥� Guide

If ICE Comes to Your Business:

• Stay calm and do not panic.
• Ask for identification and a warrant. Only judicial warrants allow access to private areas.
• Do not consent to a search unless required by law.
• Inform employees of their rights: They do not have to answer questions about immigration status.
• Document everything: Note badge numbers, agent names, and what is said.
• Call an attorney immediately.

For Employees:

• You have the right to remain silent. You do not have to answer questions about your immigration status.
• Do not sign anything without speaking to a lawyer.
• Do not run or resist. Staying calm and silent is your best protection.
• Ask to speak to an attorney. You have the right to legal counsel before answering any questions.

Originally published on February 20, 2025.