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I-9 E-Verify Immigration Compliance

Bay Area Restaurants Fear ICE I-9 Audits

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By: Bruce Buchanan, Sebelist Buchanan Law

Restaurants in the Bay area of California are on pins and needles fearful of Immigration and Customs Enforcement’s (ICE) continued assault on California due to California passing laws viewed by ICE as restricting their ability to find and detain undocumented individuals. As discussed in prior blogs, ICE has been very active in delivering Notices of Inspection (NOI)/subpoenas to California employers.

In an article in San Francisco Chronicle, https://www.sfchronicle.com/restaura...r-12823400.php, Gwyneth Borden, executive director of the Golden Gate Restaurant Association, was quoted as stating “Everyone is fearing a day that ICE could show up at their doors.”

When ICE conducts an I-9 inspection/audit, their agents show up at employer locations and serve a subpoena and NOI demanding the employer produce the I-9 forms of current employees, and often former employees, within three days of service. Often, these inspections are referred to as “silent raids” because they can have the same effect as a raid – loss of employees through ICE detention, terminations or quick abandonment of jobs.

Nick Cobarruvias, co-owner of Son’s Addition, 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.”


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