The Trump administration is seeking tenant information from apartment owners as part of its push to deport unauthorized immigrants.
The Associated Press reported Tuesday that several landlords from various states have received letters or phone calls from federal immigration officials asking for tenant information, including rental applications, forwarding addresses and identification cards.
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It is unclear how widespread the inquiries are, but the AP spoke with multiple attorneys who had each heard from landlord clients who received these requests and were unsure how to proceed.
The publication spoke with one Atlanta-based attorney who said that several clients recently received subpoenas asking for full tenant files. One of those letters, dated May 1, was signed by an officer for U.S. Citizenship and Immigration Services’ anti-fraud unit rather than a judge. USCIS is housed under the Department of Homeland Security.
DHS Assistant Secretary for Public Affairs Tricia McLaughlin declined to comment on the reported subpoenas to the AP but said landlords shouldn't ignore the notices.
“ICE is authorized to obtain records or testimony through specific administrative subpoena authorities,” she said, according to the AP. “Failure to comply with an ICE-issued administrative subpoena may result in serious legal penalties. The media needs to stop spreading these lies.”
Another attorney from Boston told the AP that a landlord client received a “vague voicemail” from an ICE official in June requesting information about a tenant. That attorney had also heard from other local attorneys that their clients had received similar messages.
A spokesperson for the National Multifamily Housing Council declined to comment on the AP's report.
The National Apartment Association didn't comment directly on the report but pointed Bisnow to its member resource guide for how to deal with immigration enforcement, including information about warrants and landlord and tenant rights.
One section of NAA's guide explains the difference between warrants signed by a judge, which it explained are criminal, and ones signed by an immigration officer, which it said are civil.
It says absent a criminal warrant, property owners have no requirement to engage in a discussion with ICE officials or turn over resident information.
It doesn't give guidance for subpoenas.
Raids of apartment buildings across the country by immigration officials began in the first few days of the Trump administration and have continued in the six months since.
On the first day of President Donald Trump's second term, DHS rescinded a Biden-era directive that prevented immigration officials from targeting protected venues like healthcare facilities, churches and schools. The administration has also been targeting farms, restaurants, hotels and construction sites in its immigration crackdown.
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