If you own or manage a restaurant, hotel, catering company, bar, food processing facility, or other food and beverage business, understanding your Fourth Amendment protections during workplace immigration enforcement is critical. With the expansion of the 287(g) Program—which allows local police to conduct immigration enforcement—hospitality and food service business owners need to know their rights when law enforcement appears at their door.
The 287(g) Program: What Changed
Section 287(g) of the Immigration and Nationality Act (8 U.S.C.S. § 1357(g)) allows the federal government to deputize state and local law enforcement to perform immigration enforcement. A January 2025 Executive Order (No. 14159) dramatically expanded this program by empowering designated local agencies to act under the Task Force Model, which integrates Immigration and Customs Enforcement (ICE) authority into routine local policing. This model was previously phased out in 2012, and its revitalization particularly effects industries like food service and hospitality, which heavily rely on immigrant workers. As of January 29, 2026, over fifty Pennsylvania agencies have partnered with ICE under this program, and the majority utilize a Task Force Model.
Your Fourth Amendment Rights During Workplace Searches
The Fourth Amendment protects your business from unreasonable searches and seizures by government actors. Such actions are generally deemed unreasonable if conducted for investigatory purposes without:
- Probable cause supported by oath or affirmation.
- A warrant issued by a neutral, detached magistrate .
- A sufficient description of the item/person to be searched/seized.
Therefore, law enforcement needs a judicial warrant—signed by a judge and supported by probable cause—to search your premises for immigration enforcement purposes. Administrative warrants used for health or safety inspections (i.e., regulatory purposes) do not meet this threshold. Recent case law confirms these protections (Garrison G. v. Bondi et al., No. 0:26-cv-00172 (D. Minn. 2026)). While the Fourth Amendment extends to commercial premises generally, its protections are especially strong in non-public areas such as kitchens, storage rooms, employee break areas, and back-of-house operations.
Protect Your Business and Employees
Food and beverage operations depend on maintaining a stable workforce and protecting business premises from disruption. Understanding your Fourth Amendment rights protects your employees, operations, and investment. With proper knowledge and preparation, you can navigate immigration enforcement encounters while preserving your constitutional protections and minimizing business disruption.
Four Essential Steps to Protect Your Business
1. Ask for a Judicial Warrant
Politely ask to see the warrant and verify it is signed by a judge, lists the correct address, and describes who or what is to be searched. Do not physically obstruct officers, but clearly state that you do not consent to entry without a proper warrant.
2. Never Waive Your Rights by Consenting
Law enforcement does not have to inform you that giving permission waives your Fourth Amendment protections. Clearly state: “I do not consent to this search.” This preserves your legal rights even if officers proceed with a valid warrant.
3. Document Everything
You have the right to record police activity (Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017)). Photograph, film, or audio record the interaction. Document which areas were searched, what was seized, any property damage, and officers’ names and badge numbers.
4. Comply if a Valid Warrant Exists
If officers have a valid judicial warrant, comply fully to minimize conflict. Law enforcement must execute warrants reasonably; excessive property destruction or unreasonable force violates the Fourth Amendment (United States v. Ramirez, 523 U.S. 65, 67 (1998)).
Legal Remedies Available
If your business suffers property damage, business interruption, or constitutional violations during immigration enforcement, you have legal options. You can file civil rights claims under 42 U.S.C. § 1983 against state or local officers, Bivens claims against federal ICE agents, or property damage claims under the Pennsylvania Sovereign Immunity Act or Federal Tort Claims Act.
