Dealing with immigration enforcement can be confusing for landlords, so it helps to know your rights and responsibilities. The National Apartment Association (NAA) recently provided guidance for property owners on this topic.
First, landlords are not required to enforce immigration laws or check a tenant’s immigration status. Your main role is to manage your property and follow housing laws.
Tenants also have rights that need to be respected. They are entitled to privacy and protection from discrimination based on immigration status. This means you should treat all tenants the same, regardless of where they’re from or their legal status.
If immigration officers come to a rental property, they generally need a judicial warrant or the tenant’s consent to enter a unit. Administrative documents from ICE alone usually don’t give them the legal right to access a rental unit.
Landlords may choose to cooperate with authorities, but any cooperation must comply with applicable laws. This includes being careful about sharing tenant information or allowing access without proper authorization. Consulting legal counsel before taking action is always a good idea.
The bottom line is that landlords should focus on following housing and privacy laws while staying informed about their rights. NAA’s guidance is a helpful resource for understanding how to handle requests from immigration authorities safely and legally.