As federal immigration enforcement efforts expand, landlords and property managers are increasingly being drawn into the fray.
According to the Associated Press, immigration authorities across the U.S. are requesting large amounts of private tenant information from multifamily property owners—raising legal and ethical concerns.
ICE has reportedly asked landlords for documents such as leases, rental applications, forwarding addresses, and copies of identification cards. Atlanta-area attorney Eric Teusink told the AP that several of his landlord clients received subpoenas demanding complete tenant files—often containing sensitive data such as family details, marital status, and work history.
Teusink said the subpoenas sometimes extended to information about other people living with the tenant. Adding to the confusion, at least one subpoena was signed not by a judge, but by a U.S. Citizenship and Immigration Services officer.
“It seemed like they were on a fishing expedition,” Teusink said, emphasizing that his clients are used to seeing judge-authorized subpoenas—not administrative ones.
This issue isn’t limited to Georgia. In Boston, attorney Jordana Roubicek Greenman reported that one of her landlord clients received a voicemail from someone claiming to be an ICE agent requesting tenant data.
The legal basis for these requests is murky. Yeshiva University law professor Lindsay Nash noted that similar administrative subpoenas were issued prior to the Trump administration. But to compel compliance, ICE would typically need to file a federal lawsuit and secure a judge’s approval.
Chad Cummings, an attorney and CPA with real estate practices in Florida and Texas, outlined to GlobeSt.com the risks involved. He pointed out that administrative subpoenas without judicial oversight may be legally questionable, and landlords have the right to challenge them in federal court.
Cummings also warned that complying with such requests could potentially violate federal privacy laws like the Fair Credit Reporting Act and the Privacy Act of 1974—especially if tenant credit or employment information is disclosed without proper authorization. While private landlords aren’t directly bound by these statutes, they could still face liability if they share consumer report data gathered during the leasing process.
Additional risks include possible violations of the Fair Housing Act, state privacy laws, and legal duties landlords owe to their tenants under lease agreements.
For landlords approached by ICE or similar agencies, Cummings had clear advice: “In this case, the cliché answer is the correct one—call an attorney.”
Source: GlobeSt
