Compliance could violate multiple federal or state privacy statutes
What To Do When ICE Demands Tenant Records
As federal immigration enforcement intensifies under the Trump Administration, multifamily property owners are increasingly finding themselves caught in an unexpected crossfire. Landlords across the country are now receiving demands from Immigration and Customs Enforcement (ICE) for comprehensive resident information – requests that frequently blur the lines between immigration enforcement and housing privacy rights.
These demands, often arriving as administrative subpoenas seeking everything from lease agreements to personal identification documents, present apartment owners and managers with a complex legal dilemma: how to navigate federal immigration requests while protecting resident privacy and avoiding potential legal liability. The stakes are high, as compliance could violate multiple federal or state privacy statutes, while non-compliance might trigger federal enforcement action.
When a multifamily landlord or manager receives a demand from ICE to share private information about a community’s residents, it is essential that this situation be handled carefully and legally. Here are the key steps landlords should quickly implement.
Do Not Comply Immediately
Resist the inclination to disclose resident information or hand over documents right away. Even if the paperwork provided is “official looking” or appears to be from someone with authority to make the request, the obligation to comply with the demand must be evaluated by competent and experienced legal counsel. The enforceability of these subpoenas or other demands can be questionable if not issued under judicial oversight.
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Establish Clear Policies for Management Companies
Landlords should establish and communicate to management companies, employees and other personnel working at their apartment communities clear policies on how to manage ICE demands, including the protocol for verifying requests and engaging legal counsel. Management companies should be required (pursuant to their management agreements or other directives issued by property owners) to comply with these policies.
Verify the Legitimacy of the Request
Review all paperwork to confirm that the demand is legitimate and issued by an authorized governmental party. Subpoenas should generally be issued under the authority of a judge, not just an immigration officer. Any other form of verbal or written requests or demands should be treated with suspicion and should be verified by an attorney.
Contact Qualified Legal Counsel Immediately
Engage one or more attorneys that are experienced in immigration law, federal and state privacy laws, and fair housing laws. This might require a team of legal resources that has all the needed areas of expertise. Ask this team to assess the validity of the demand and provide needed guidance about the appropriate legal response.
Source: GlobeSt.
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