Service industry pursues Fourth Amendment workplace training to counter ICE
Photo by Samantha Russell
Photo by Samantha Russell
Ancient Gaelic lore maintains that supernatural and dangerous creatures cannot enter the sacred space of one’s home unless granted permission by the inhabitant.
Masked ICE agents seek to do just that. Providing false warrants alongside coercion and intimidation tactics, ICE cajoles permission to 1) enter private spaces and 2) detain individuals where their authority would otherwise not permit.
As the Constitution and its Amendments continue to be breached and as ICE targets the hospitality industry, KC Tenants are teaching workers how to uphold a Fourth Amendment Workplace.
Fourth Amendment Workplace
At its simplest, this means refusing a search without a warrant. More defined, each worker would know their rights. This training pulls the First and Fifth Amendments into the Fourth Amendment Workplace. Trainees are reminded that they have the right to document and record — granted by the 1st Amendment — and the right to due process of law and to remain silent when questioned by law enforcement — granted by the 5th.
Event organizers recommend marking off an internal section of public restaurants, bars, and cafes as “private,” for staff only. A warrant is required to access these private spaces. Even in the public areas, a judicial warrant for arrest is required.
Key word: judicial.
ICE agents may present official-looking administrative documents that are not grounds for arrest. Even if it has the name of an individual they’re seeking to detain, if it’s not signed by a judge, it is invalid. This unofficial piece of paper is presented to elicit compliance. The ruse is often accompanied by additional intimidation factors seeking to elicit access.
Insofar as ICE and agencies working alongside them don’t belligerently overstep constitutional rights with forced entry, these rights should be kept in mind during interactions.
Local impact
Warrantless arrests occurred at El Toro Loco Mexican Bar and Grill locations in Kansas in February 2025. HSI used a judicial warrant allowing seizure of papers to investigate potential human trafficking and accessed the private space of the restaurant. They instead unjustly seized up to 12 individuals. A ruling in October provided this was unlawful.
Even in cases like this, where rights are aggressively ignored, peaceful recording aids documentation that can be used as proof later in court. Knowing the above as a service worker or even as a patron provides safer exposition in dealing with potential ICE interactions.
Exchanging materials with other cities and learning from BLM protests, the KC Tenants training emphasizes a “be like water” approach. Do not attempt to block or interfere. If asked to move, “be like water” and step to the side. You are to be a fluid observer and not put yourself in danger.
A barista at the event shared she’s gone to many protests growing up, including setting up medical tents at BLM protests. She speaks to taking care of her people and community as to why she’s here tonight: “Looking at the history of coffee, coffee is rooted in rebellion and rooted in community. Even the Boston Tea Party was organized in a coffeehouse. Working in coffee means that you have to care about the community that you surround yourself with—not only your customers but your staff as well.”
Federal agents can now stop anyone via perceived ethnicity or language, as ruled in the Supreme Court in late 2025 by Justice Brett Kavanaugh. The controversial tactic is known as a “Kavanaugh stop.”
This racial profiling was directed at an attendee at his workplace. With no greeting, a customer aimed an incisive, “You from around here?” at him. Another co-worker heard and commented on the strange nature of the interaction that held underlying ICE implications.
He doesn’t want that happening to those close to him, and he shared the reason he’s here tonight: “My family. My family should not be harassed. I have distant relatives who are immigrants. Those are the family I’m looking out for.”
Two of his co-workers joined the training out of support and to uphold the safety of their workplace.
After the training, workers felt empowered, one sharing, “So we can do tomorrow what we can’t do today.” Another noted the absence of business owners whose staff was represented, saying, “I’m frustrated that more of our service industry owners aren’t here.”
Additional training for communities will be held by KC Tenants in the future. In the meantime, you can do your part by keeping a lookout in the community and reporting ICE sightings.
If you see ICE contact (913) 999-2398 to initiate a rapid response witness network or seek counsel.
