Immigration Officials Require Landlords to Provide Tenant Information for Enforcement Purposes

Immigration authorities are increasingly demanding that landlords provide extensive information about their tenants. This includes leases, rental applications, forwarding addresses, and identification cards. The latest developments indicate that the Trump administration is targeting landlords to assist in its mass deportation efforts.

Real estate attorney Eric Teusink, who works with clients in the Atlanta area, reports that several of his clients received subpoenas seeking complete files on tenants. These subpoenas, described as “information enforcement subpoenas,” request details not only about the tenant but also about anyone living with them. One such subpoena, dated May 1 and from an officer with U.S.

Citizenship and Immigration Services (USCIS), raises concerns as it lacks a judge’s signature. The widespread issuance of these subpoenas remains unclear, but they may represent a new governmental strategy to locate undocumented individuals, many of whom previously provided their U.S. addresses upon entry. Legal experts have raised alarms about the legality of these requests.

The absence of a judge’s signature may render compliance optional, and landlords who comply could face violations of the Fair Housing Act, which protects against discrimination. Critics note that landlords may feel pressured to provide information, often without their tenants’ knowledge that their records could be shared with immigration authorities. Stacy Seicshnaydre, a housing law professor, emphasizes that receiving a subpoena does not automatically validate the request.

Traditionally, ICE officers have utilized subpoenas signed by agency supervisors to gain access to private properties. Advocacy groups have urged individuals to understand their rights and refuse entry unless a judge has signed the subpoena. Tricia McLaughlin from Homeland Security defended the practice of using subpoenas against landlords but refrained from disclosing whether they will continue to be issued.

Landlords reportedly find these new requests confusing. Many are accustomed to receiving subpoenas for other reasons, which typically involve law enforcement investigations and come signed by a judge. Teusink indicated that most landlords might opt not to comply with the latest subpoenas, viewing them as potential overreach.

Property managers have also expressed concerns after tenants voiced unease over the possibility of ICE inquiries. Historically, ICE subpoenas were not common for landlords, but their occurrence has increased notably during Trump’s presidency. Lindsay Nash, a law professor specializing in immigration and subpoena legality, pointed out that while ICE can enforce these subpoenas, they must first achieve court approval.

This legal process allows potential challenges, offering tenants some degree of protection against unwarranted disclosures of their sensitive information.