Member Resource: Immigration Enforcement and Rental Housing

On January 20, 2025, the Trump Administration, via Immigration and Customs Enforcement (ICE) under the Department of Homeland Security (DHS), began immigration enforcement activities, including operations at rental housing communities.

The Administration has stated that its initial focus will be on the removal of non-citizens with criminal convictions, beefing up border enforcement and terminating humanitarian parole programs. It is still uncertain how widespread such enforcement actions will be, and many apartment owners and operators are concerned that they could be pulled into the fray.

What follows is general information from the National Apartment Association on how to interact with ICE agents if they show up at your property, including the distinction between criminal and civil/immigration warrants, a decision tree to guide your actions and answers to some frequently asked questions. As the situation continues to evolve, this member resource will be updated.

Key Highlights:

1. Property Owners’ Rights: Owners and their employees generally do not have to grant ICE entry without a criminal warrant. However, non-cooperation may lead to increased ICE scrutiny.
2. Residents’ Rights: Tenants, regardless of immigration status, have privacy rights and can refuse ICE entry unless agents have a criminal warrant. They also have the right to remain silent.
3. Civil vs. Criminal Warrants:
   • Civil administrative warrants, issued by ICE, do not authorize entry into private property.
   • Criminal warrants, issued by a judge, grant ICE the right to enter and detain individuals.
4. Immigration Status and Housing Applications: Housing providers should consult legal counsel before considering immigration status in tenant screenings, as anti-discrimination laws apply.
5. HUD Housing Implications:
   • "Mixed-status" families currently receive prorated housing assistance, but policy changes could end this practice.
   • Regulatory changes would take time, offering some preparation period.
6. Employer Considerations:
   • Property owners should maintain proper I-9 records for employees.
   • ICE audits are unlikely but should be handled with legal guidance.
7. ICE Interactions & Lease Implications:
   • Landlords are not required to share resident information without a criminal warrant.
   • If a tenant is detained, lease obligations depend on lease terms and applicable state laws.
   • Personal property must be handled per legal requirements.
8. State-Specific Considerations: Some states restrict asking about immigration status, while others require verification. Rent control laws may also impact enforcement actions.

Read the entire guidance document from NAA here.

Please note that this document is not a substitute for legal or operational advice, and the National Apartment Association (NAA) recommends contacting qualified legal counsel regarding ICE enforcement activities specific to your properties.