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:
- The agents' credentials - official identification and badge numbers
- 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)
- 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
- Access to security cameras or footage
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:
- 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."
- 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
- 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:
- Understand the critical distinction between judicial and administrative warrants, with only judicial warrants permitting searches of private areas.
- Protect tenant privacy rights by not voluntarily sharing personal information or rental documents or providing access to private spaces without proper judicial authorization.
- Maintain professionalism while knowing their rights to refuse entry or information sharing without proper judicial warrants.
- Implement thorough documentation practices for all law enforcement interactions.
- 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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