Key Takeaways
• Since May 2025, ICE sends administrative subpoenas to landlords requesting tenant details without judge approval.
• Landlords do not have to comply with ICE demands unless subpoenas are judicially signed by a judge.
• Providing tenant data without court orders risks violating Fair Housing Act and tenant privacy laws.
U.S. Immigration and Customs Enforcement (ICE) has started demanding tenant information from landlords and property managers across the United States 🇺🇸, marking a sharp change in how the agency tries to find and deport people it believes are in the country without legal status. Since May 2025, ICE has sent out many subpoenas to landlords, asking for full tenant files, as part of a larger effort to ramp up mass deportations. This move has left landlords, tenants, and legal experts worried about privacy, legal risks, and the future of housing rights.
ICE’s New Tactics: What’s Happening Now
ICE is now sending two-page “information enforcement subpoenas” to landlords and property managers in several cities, including Atlanta and Los Angeles. These subpoenas ask for a wide range of tenant information, such as:
- Lease agreements and rental applications
- Forwarding addresses
- Copies of identification cards
- Work history and marital status
- Family relationships
- Details about other people living in the unit
Most of these subpoenas are not signed by a judge. Instead, they are signed by officers from the U.S. Citizenship and Immigration Services’ anti-fraud unit. This is important because, as legal experts point out, these administrative subpoenas do not have the same legal power as those signed by a judge.
Why Is ICE Doing This?
The Trump administration has made it clear that it wants to increase deportations. While the focus started with non-citizens who have criminal convictions, the effort has grown to include more people. By asking landlords for tenant information, ICE hopes to find and remove those it believes are in the United States 🇺🇸 without permission. This change comes after President Trump ended many temporary protection programs that were in place under President Biden, putting more people at risk of being deported.
What Does This Mean for Landlords?
Landlords and property managers are now in a tough spot. They are getting official-looking requests from ICE, but most legal experts say they do not have to comply unless the subpoena is signed by a judge. Here’s what landlords need to know:
- Administrative subpoenas (not signed by a judge) do not require compliance. Landlords are not legally forced to give ICE any information unless there is a judicial subpoena, which is signed by a judge.
- Complying with ICE requests could break fair housing laws. The Fair Housing Act makes it illegal to discriminate based on race, color, or national origin. Giving information to ICE could be seen as discrimination or as helping discrimination happen.
- ICE cannot enter private areas without a warrant. Unless ICE has a warrant signed by a judge, they cannot go into private areas of a property without permission.
What Should Landlords Do If Contacted by ICE?
Legal experts and property managers recommend the following steps:
- Ask for a copy of the warrant or subpoena. Always check if the document is signed by a judge (judicial subpoena) or just by an ICE officer (administrative subpoena).
- Do not give information unless required. If the subpoena is not from a judge, you do not have to provide any tenant information.
- Consult a lawyer before responding. Laws are changing quickly, and it’s important to get legal advice before taking any action.
- Mark common areas as private. To stop ICE from entering without a warrant, clearly mark all non-public areas as private and limit access to residents and authorized staff.
- Keep records of all interactions. Write down every contact or request from ICE, including dates, names, and what was asked.
Landlords’ Reactions: Confusion and Concern
Many landlords, especially those who manage large apartment buildings, are confused about what they should do. Most say they do not plan to comply with ICE unless they are ordered by a court. They worry about breaking the law, losing the trust of their tenants, and getting caught in the middle of a political fight.
Anthony Luna, CEO of Coastline Equity, says, “There’s a lot of concern among property managers. Most of us are not going to comply unless there’s a court order.” This view is shared by many in the industry, who feel that ICE’s requests are overreaching.
Tenant Advocates and Legal Experts Speak Out
Civil rights groups and lawyers are warning that ICE’s new tactics could scare both landlords and tenants. They say that asking landlords for tenant information could lead to housing instability, discrimination, and even homelessness for some families.
Eric Teusink, a real estate attorney in Atlanta, calls ICE’s requests “fishing expeditions.” He advises landlords, “You’re not required to comply unless there’s a judge’s signature. Don’t give out information just because you’re asked.”
Jordana Roubicek Greenman, a Boston real estate attorney, tells her clients not to respond to vague or unofficial requests from ICE. She says, “If it’s not a court order, you don’t have to do anything.”
How Does This Affect Tenants?
Tenants are worried about their privacy and safety. Many fear that their personal information could be handed over to ICE, putting them at risk of deportation or making them targets for discrimination. Some tenants may even move out or avoid renting altogether if they think their landlord might share their information with immigration authorities.
Tenant advocates say that these fears could lead to more people living in unsafe or overcrowded conditions, as they try to avoid being found by ICE. This could also make it harder for landlords to fill vacancies and keep good tenants.
ICE’s Position and Lack of Clarity
ICE has not given a full explanation of why it is using administrative subpoenas or how many have been sent out. The agency says its goal is to find and remove people who are in the United States 🇺🇸 without legal status, especially those who gave U.S. addresses when they entered the country. However, the lack of clear rules and the broad nature of the requests have left many people confused and worried.
Legal Background: Administrative vs. Judicial Subpoenas
It’s important to understand the difference between the two types of subpoenas:
- Administrative subpoenas are signed by ICE officers or other agency staff. They do not have the same legal power as judicial subpoenas. Landlords do not have to comply with these unless they choose to.
- Judicial subpoenas are signed by a judge and carry the force of law. If a landlord receives one of these, they must provide the information requested.
This difference is well-known in the legal world, and it is a key reason why many landlords are refusing to comply with ICE’s current requests.
Step-by-Step Guidance for Landlords
Here’s a simple checklist for landlords who are contacted by ICE:
- If ICE contacts you:
- Politely ask to see any warrant or subpoena.
- Check if it is signed by a judge or just by an ICE officer.
- If it’s an administrative subpoena:
- Remember, you do not have to comply.
- Talk to a lawyer before doing anything.
- If it’s a judicial subpoena or warrant:
- You must comply, but only give the information asked for—nothing more.
- Protect your tenants’ privacy:
- Don’t collect or keep information about immigration status unless required by law.
- Mark all non-public areas as private and limit access.
- Keep records:
- Write down all contacts with ICE, including dates, names, and what was asked.
Risks for Landlords: Legal and Practical
Complying with ICE’s requests without a court order could put landlords at risk of lawsuits. The Fair Housing Act protects tenants from discrimination, and giving information to ICE could be seen as breaking this law. Landlords could also lose the trust of their tenants, making it harder to rent out units in the future.
Legal experts say that landlords should always get advice from a lawyer before responding to any request from ICE. This is especially important because the rules are changing quickly, and what is legal today may not be legal tomorrow.
Historical Context: How Did We Get Here?
In the past, ICE focused on workplace raids, border enforcement, and targeted removals. Asking landlords for tenant information is a new and much more aggressive approach. This change has not been widely reported before 2025, and many people are still learning about what it means.
The Trump administration’s decision to end many temporary protection programs has also made more people vulnerable to deportation. This has increased the pressure on both tenants and landlords.
What Could Happen Next?
Experts expect that there will be lawsuits challenging ICE’s new tactics. If landlords are forced to give up tenant information, or if they are sued for discrimination, the courts may have to decide what is legal. Some states and cities with strong tenant protections or “sanctuary” policies may pass new laws to stop landlords from helping ICE.
If ICE’s current campaign works, the agency may try to expand its use of administrative subpoenas or ask Congress to change the law to make compliance mandatory.
Advice for Tenants and Landlords
Both tenants and landlords should stay informed and know their rights. Here are some helpful resources:
- U.S. Immigration and Customs Enforcement (ICE): www.ice.gov
- National Immigration Law Center: www.nilc.org
- Public Counsel: www.publiccounsel.org
- National Apartment Association: www.naahq.org
If you are a landlord or tenant and need help, contact a local legal aid group or one of the organizations listed above. They can give you the latest information and help you understand your rights.
Multiple Perspectives: The Human Impact
- Landlords are worried about legal risks and losing the trust of their tenants. They do not want to break the law or be seen as helping ICE unless they are required to by a court.
- Tenants fear for their privacy and safety. Many are afraid that their information could be used to target them or their families.
- ICE is looking for new ways to find and remove people it believes are in the United States 🇺🇸 without permission.
- Legal experts stress the importance of due process and warn that administrative subpoenas do not have the same power as court orders.
Looking Ahead: What Should You Do Now?
As reported by VisaVerge.com, the situation is changing quickly, and both landlords and tenants need to be careful. If you get a request from ICE, do not panic. Check if the request is signed by a judge, talk to a lawyer, and protect your tenants’ privacy as much as possible.
Stay up to date by checking official sources like ICE’s website and local legal aid organizations. If you are unsure about what to do, get legal advice before taking any action.
Key Takeaways
- Landlords do not have to comply with ICE subpoenas unless signed by a judge.
- Giving information to ICE without a court order could break fair housing laws.
- Always ask for a warrant and consult a lawyer before responding.
- Protect tenant privacy and keep good records of all interactions with ICE.
- Stay informed by checking official resources and legal aid organizations.
As this story develops, it is important for everyone involved—landlords, tenants, and community members—to know their rights and responsibilities. By staying informed and seeking help when needed, you can protect yourself and your community during these uncertain times.
Learn Today
Immigration and Customs Enforcement (ICE) → A federal agency enforcing immigration laws and deporting individuals without legal status in the U.S.
Administrative Subpoena → A legal request signed by agency officers, not judges, lacking judicial authority to compel information.
Judicial Subpoena → A court-issued order signed by a judge requiring recipients to provide requested information legally.
Fair Housing Act → A law prohibiting discrimination in housing based on race, color, or national origin.
Tenant Privacy → Legal protection of personal tenant information against unauthorized disclosure or discrimination.
This Article in a Nutshell
ICE’s new tactic sends administrative subpoenas to landlords seeking tenant data without judicial approval. Landlords face legal risks if complying unofficially. Experts advise verifying documents, consulting lawyers, protecting tenant privacy, and recording interactions. This approach escalates deportations, raises housing concerns, and leaves tenants vulnerable to privacy breaches and discrimination fears nationwide.
— By VisaVerge.com
