Single Family Residential Property Managers and ICE: A PM’s perspective

News

August 8, 2025

NARPM members are increasingly interacting with ICE and other federal agencies concerning the immigration status of tenants. Please see linked below an article written by national property management attorney Monica Gilroy to understand your liability risks and obligations when such encounters take place. Monica is an active member of NARPM®, a popular speaker at NARPM® National Events and the General Counsel for the Atlanta NARPM® Chapter.

Single Family Residential Property Managers and ICE: A PM’s perspective

Monica K. Gilroy, Esquire, The Gilroy Firm, Atlanta Georgia, mkg@gilroyfirm.com

With the recent spotlight on immigration enforcement efforts, landlords and property managers may be faced with how to respond to interactions with Immigration and Customs Enforcement (ICE).

ICE has the power to issue “administrative subpoenas” or “administrative warrants”, which are formal requests for information or testimony related to immigration investigations. These subpoenas and warrants are not issued by a court but by ICE officers and can be directed to individuals or entities. 

Unlike subpoenas issued by a Court, or a warrant signed by a judge, property managers can refuse to comply with these “subpoenas” and “warrants” without fear of penalty.  An ICE administrative subpoena is a written demand issued by an ICE officer. It requires the recipient to produce records or testify in connection with an immigration investigation. ICE uses subpoenas to gather information. ICE subpoenas must be reasonable, meaning they must be tailored, relevant, and clear in their purpose.

Immigration authorities are demanding that landlords turn over leases, rental applications, forwarding addresses, identification cards and other information concerning their tenants. A rental application can include work history, marital status and family relationships.

The demands pose serious legal questions because they are not signed by a judge and , if landlords comply, they might risk violating the Fair Housing Act, which prohibits discrimination on the basis of race, color or national origin. Further, in many states, there are privacy concerns about the information you may have in your possession as a property manager which could also lead to liability. 

In some jurisdictions, immigration or citizenship status are protected classes under fair housing laws, creating legal protections prohibiting landlords from inquiring about a tenant’s immigration or citizenship status during the leasing process. Property managers should be mindful of these laws when handling law enforcement requests related to immigration enforcement.

If an individual or entity doesn’t comply with an ICE subpoena, ICE must petition a court to enforce the subpoena.

It is important to understand that an ICE administrative warrant is different than a judicial warrant. Judicial warrants are signed by a judge, and they allow for entry into nonpublic areas without consent and are required for arrests or searches. If law enforcement officers arrive at a property, they may be from different agencies, including ICE, the Department of Homeland Security (DHS) or the Department of Justice (DOJ). Each agency may present different types of legal documents, and it is critical to understand the distinctions:

  • Criminal Warrants – Issued by a judge, these warrants may grant law enforcement the right to access a property or obtain specific information.
  • Civil (Administrative) Warrants – Issued by immigration officers rather than a judge, these do not automatically grant access to private property.
  • I-9 Audits – Requests for employment eligibility documentation; typically, businesses have three days to respond.

It is natural to feel intimidated into complying with something that a judge hasn’t ordered, all while the person whose information is being requested may never know that their private records are in the hands of immigration authorities. Some ICE investigations have demanded property managers hand over surveillance footage or give local police access to a property as part of an investigation. This type of demand must be signed by a judge and not just by ICE to be enforceable.

Bottom line-compliance with an ICE administrative subpoena or warrant is optional. Unless signed by a judge, the letters are essentially just an ICE officer making a request.

If you get an ICE administrative warrant or subpoena, seek legal counsel immediately. You do not have to comply with an administrative warrant or subpoena until a court orders it, If ICE seeks court enforcement, your attorney can raise legal challenges to the subpoena. ICE cannot directly enforce a subpoena. They must petition a court to enforce it. Recipients can challenge the validity of the warrant or subpoena in court. Penalties for non-compliance are only applicable if a court orders compliance and the recipient still refuses. It is essential not to assume that any document presented requires immediate action. Instead, property managers should take the time to review the warrant or subpoena, confirm its validity and consult legal counsel.

In general, even with court-ordered warrants or subpoenas, tenant privacy must be safeguarded during interactions with law enforcement. Property managers should always request a full copy of the warrant or subpoena before taking any action on the same. Determining whether the warrant or subpoena is a criminal or administrative warrant or subpoena is vital to determine whether it grants law enforcement the right to enter the property. Your staff should be trained to escalate any type of warrant or subpoena to the highest level of authority in the property management company. If you do provide information, only provide what is legally required or requested. If they are not asking, for example, for bank account information, or forwarding addresses, then do not provide it. And always take a moment to review the request and consult legal counsel to prevent unnecessary disclosures.

Property managers should be cautious about providing legal advice to tenants. If tenants ask what to do in the event of an ICE visit, the best response is to direct them to legal aid organizations or immigration attorneys. Providing legal guidance could lead to liability if tenants misinterpret the information.

If you receive any type of subpoena or warrant of any nature, it is wise to consult with your local attorney.

Please note, that this article is intended for information purposes only and is not legal advice. Please consult with your attorney before implementing any guidance discussed in the Article.


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