Dealing with Federal Immigration Agents at Apartment Communities

person A.J. Johnson today 02/02/2025

Not surprisingly, we are starting to receive inquiries from property managers about how they should respond if federal immigration officials enter a property searching for individuals without legal immigration documents. Immigration and Customs Enforcement (ICE) raids at apartment communities are becoming more common and have already taken place in Alexandria, VA, New York City, Chicago, Boston, Miami, Los Angeles, Atlanta, and Phoenix. According to sources within the Trump administration, significant immigration raids are scheduled for three U.S. cities each week. Such raids will almost certainly affect some apartment communities. In addition to ICE, agencies taking part in the raids include the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Customs and Border Protection, the Drug Enforcement Administration (DEA), and the FBI.

Apartment community property managers and staff must know how to respond if such raids happen on their property. Unlike what you may see on TV, federal agents do not have unrestricted access to private property or homes. As property managers, you are responsible for safeguarding your residents' privacy.

I will outline the key rights and appropriate responses for property managers when interacting with ICE agents. My focus will be on legal compliance while protecting tenant privacy. This guidance is general in nature and is not meant to replace advice from your company’s counsel.

First, property managers should politely ask for and carefully examine:

  1. The agents' credentials - official identification and badge numbers
  2. A judicial warrant is signed by a judge or magistrate (not merely an administrative warrant). An administrative warrant is a formal written document that authorizes a law enforcement officer from a designated federal agency, such as an ICE agent from DHS, to make an arrest or seizure. This type of warrant is issued by a federal agency like DHS and can be signed by an immigration judge or immigration officer. Unlike a judicial warrant, an administrative warrant does not permit a search. Therefore, an ICE agent armed only with an administrative warrant cannot conduct a search based on that warrant. Nonetheless, in certain circumstances, the administrative warrant allows the agent to effectuate a seizure or arrest. It is important to note that an immigration warrant does not equate to a judicial warrant; an immigration warrant does not permit a search of nonpublic areas. If an ICE officer or any other immigration agency officer arrives at your property requesting entry to search your premises or to obtain evidence with only an immigration warrant, you have the right to refuse entry and reject compliance with the warrant since it does not grant the officer the authority to enter or conduct a search.

Without a valid judicial warrant, property managers can:

  • Decline to provide access to private areas of the property
  • Refuse to share tenant information or records
  • Politely state, "I do not consent to entry without a judicial warrant."
  • Document the interaction, including agent names, badge numbers, and time.

If presented with a judicial warrant, managers should:

  • Verify it lists the specific address and areas to be searched.
  • Only allow access to the areas specifically listed.
  • Keep a copy of the warrant.
  • Take detailed notes of the interaction.
  • Contact the property owner and legal counsel.

Throughout any interaction:

  • Remain professional and calm.
  • Do not physically obstruct agents.
  • Do not provide false information.
  • Take notes or record the interaction if it is legal in your state.
  • Document everything in writing afterward.
  • A valid judicial warrant must be signed by a federal or state judge or magistrate (not just an ICE agent)
  • It must have the correct property address, including unit numbers if applicable
  • Check the date - warrants have expiration dates.
  • Look for "U.S. District Court or the appropriate state court" in the header
  • Verify it has a case number
  • Confirm the judge's signature is present (not a stamp or electronic signature)

Tenant Privacy Rights:

  • Property managers cannot give consent for searches of individual tenant units.
  • Tenant lease agreements generally include privacy protections
  • Managers should not provide:
    • Tenant rental applications
    • Lease agreements
    • Payment records
    • Unit numbers
    • Personal information
    • Access to security cameras or footage
    • Keys to individual units

If ICE presents a subpoena rather than a warrant:

  • Subpoenas do not grant immediate entry rights
  • You can state, "I need time to review this with legal counsel."
  • Typically, a compliance timeframe is listed.
  • Contact your attorney before providing any documents.

Important Documentation Steps:

  • Write down the names and badge numbers of all agents present
  • Note the exact time and date
  • Record which areas of the property were accessed
  • Document any requests made by agents
  • Keep copies of all paperwork presented
  • Note any statements made by either party
  • List any witnesses present

Here's how to prepare property staff for potential encounters with ICE agents:

Staff Training Protocol:

  • Have a clear written policy for all staff members
  • Designate specific personnel authorized to interact with law enforcement
  • Create a contact chain showing who to call (property manager, legal counsel, owner)
  • Practice scenarios through role-playing exercises
  • Post emergency contact numbers at the front desk/office

Specific Staff Instructions:

  • Never volunteer information
  • Direct all law enforcement to the property manager
  • Don't run or create panic if agents arrive
  • Don't provide access codes or keys
  • Keep a logbook for all law enforcement interactions
  • If approached alone, say, "Let me get my supervisor - they're authorized to assist you."

Emergency Response Plan:

  • Keep the property attorney's number easily accessible
  • Have a backup manager designated
  • Maintain an updated list of translation services if needed
  • Keep blank incident report forms ready
  • Have a working camera or phone ready to document
  • Maintain copies of "Know Your Rights" materials

Communication Protocol:

  • Establish how to notify residents of law enforcement presence
  • Create a system for documenting all interactions
  • Set up secure storage for tenant information
  • Develop a media response plan
  • Have a process for informing property ownership

This article offers comprehensive guidance for property managers on interacting with Immigration and Customs Enforcement (ICE) agents and other federal law enforcement agencies. The key points emphasize that property managers should:

  1. Understand the critical distinction between judicial and administrative warrants, with only judicial warrants permitting searches of private areas.
  2. Protect tenant privacy rights by not voluntarily sharing personal information or rental documents or providing access to private spaces without proper judicial authorization.
  3. Maintain professionalism while knowing their rights to refuse entry or information sharing without proper judicial warrants.
  4. Implement thorough documentation practices for all law enforcement interactions.
  5. Develop clear protocols for staff training, emergency response, and communication channels.

The guidance emphasizes the significance of preparation through staff training, written policies, and established communication protocols. Property managers are urged to work closely with legal counsel when needed and maintain detailed records of all interactions. This document serves as a practical resource for property managers to navigate their legal obligations while protecting tenant privacy rights and ensuring professional operations during potential immigration enforcement activities.

Since it is likely that immigration enforcement actions at an apartment community may involve agents bypassing management and proceeding directly to apartments, I am working with Immigration attorneys to develop a checklist for residents that will outline their rights if confronted with immigration authorities. After completing that document, I will post it on our website and you may make it available to your residents.

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This conflict stems from the fact that these ordinances may violate four major federal laws: 1. The Fair Housing Act Crime-free ordinances often have a disproportionate impact on protected classes. For example: When these ordinances require eviction based on arrests rather than convictions, they disproportionately affect Black and Hispanic tenants, who statistically face higher rates of police interaction regardless of criminal activity. Blanket policies requiring eviction of an entire household due to one member s criminal activity can discriminate against families with children, female-headed households, and certain cultural groups where extended family living arrangements are common. 2. Title VI of the Civil Rights Act of 1964 Title VI prohibits discrimination in programs receiving federal funds. When municipalities with crime-free ordinances receive federal housing funds, they may violate Title VI if: Their ordinances have disparate impacts on protected classes Implementation decisions are influenced by discriminatory intent or stereotypes about certain neighborhoods or demographic groups 3. The Americans with Disabilities Act (ADA) Crime-free ordinances may discriminate against individuals with disabilities in several ways: Automatic eviction for behavior related to mental health conditions without consideration of reasonable accommodations Policies that penalize multiple emergency service calls, which may disproportionately impact those with chronic health conditions requiring frequent medical assistance Exclusions of individuals with past substance use disorder convictions, despite recovery and treatment 4. 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This approach: Punishes innocent family members who had no knowledge of or participation in criminal activity Creates homelessness risks for vulnerable household members, including children, elderly relatives, and individuals with disabilities Disproportionately impacts communities where multi-generational or extended family living arrangements are cultural norms. Blanket Exclusions Based on Criminal Records Many ordinances include overly broad exclusions for individuals with criminal records: Lifetime bans for certain offenses, regardless of rehabilitation or time elapsed Failure to consider the nature, severity, or relevance of the criminal conduct to tenant suitability No individualized assessment of actual risk to property or other tenants Exclusion Based on Arrests Rather Than Convictions Some ordinances allow or require action against tenants based merely on arrests: Violates the presumption of innocence It has a disparate impact on communities of color, which experience higher rates of arrests that do not lead to convictions Creates housing instability based on unproven allegations rather than established facts Automatic Exclusion for Any Criminal Conviction Overly broad policies that automatically deny housing based on any criminal history: Fail to distinguish between violent crimes and minor offenses Ignore evidence of rehabilitation and the age of convictions Create permanent barriers to housing for individuals who have served their sentences and are working to reintegrate into society. Penalizing Emergency Service Calls Particularly problematic are provisions that treat emergency calls as "nuisances : Discourages tenants from seeking emergency medical assistance Forces vulnerable individuals to choose between needed help and keeping their housing Creates dangerous situations where tenants delay calling for assistance during genuine emergencies. Punishing Victims of Domestic Violence Perhaps most concerning is how these ordinances often penalize victims: Treating domestic violence incidents as "nuisance activities requiring eviction Failing to distinguish between calls made by victims versus perpetrators Creating a situation where victims must choose between enduring abuse in silence or risking homelessness. Legal Protections and Ongoing Developments The legal landscape around crime-free ordinances continues to evolve. In states like Illinois, legislation has been enacted to protect survivors of domestic or sexual violence and individuals with disabilities from being penalized due to calls to police for assistance. The Illinois Department of Human Rights and the UIC Law School Fair Housing Legal Support Center and Clinic have developed a guidebook addressing the fair housing implications of nuisance and crime-free ordinances. In 2024, additional cases have further clarified the legal boundaries of these ordinances: A case against a municipality alleged violations of both the Americans with Disabilities Act and Fair Housing Act for enforcing crime-free housing ordinances that denied tenants with mental health disabilities equal access to emergency response services. The consent decree required the municipality to revise its program rules and enforcement practices and adopt non-discrimination policies. The Department of Justice has increased enforcement actions against localities with discriminatory housing policies, particularly those that disproportionately affect racial minorities, women, and people with disabilities. Recommendations for Landlords If your municipality has implemented a crime-free ordinance that may conflict with federal protections, consider the following steps: 1. Review your lease agreements and policies to identify provisions that may violate federal law, even if required by local ordinance. 2. Consult with a housing attorney familiar with fair housing law and local regulations to understand your specific obligations and risks. 3. Implement individualized assessments rather than blanket policies when evaluating potential tenants with criminal histories. 4. Document all housing decisions with clear, non-discriminatory business justifications. 5. Create explicit exceptions in your policies for domestic violence victims and emergency service calls. 6. Engage with local government by attending city council meetings and advocating for amendments to problematic ordinances. 7. Join or form landlord associations to collectively address concerns with local officials. 8. If necessary, consider seeking a declaratory judgment in court to resolve the conflict between federal and local requirements. 9. Stay informed about new legal developments in this rapidly evolving area of law. Navigating this legal minefield is challenging; however, landlords should prioritize compliance with federal civil rights laws. When local ordinances and federal protections conflict, federal law generally prevails. By taking proactive steps to ensure fair housing practices, landlords can protect themselves from liability while also supporting safe, stable housing for all community members.

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