Immigration Authorities Subpoena Landlords for Tenant Info

Immigration authorities are demanding tenant information from landlords through subpoenas that legal experts say may not require compliance.

U.S. Citizenship and Immigration Services has issued two-page “information enforcement subpoenas” to multiple landlords seeking entire tenant files, including leases, rental applications, forwarding addresses and identification cards, the Associated Press reported. The subpoenas also request information on other residents who lived with targeted tenants.

Atlanta real estate attorney Eric Teusink said several of his multifamily property clients received the demands. The subpoenas are signed by USCIS anti-fraud unit officers but lack judicial signatures, making compliance optional in the eyes of immigration attorneys Teusink consulted.

The subpoenas threaten contempt of court for noncompliance despite lacking judicial approval. Department of Homeland Security spokeswoman Tricia McLaughlin defended the practice, stating that ICE administrative subpoenas carry “serious legal penalties” for non-compliance.

Boston real estate attorney Jordana Roubicek Greenman said her landlord client received a vague ICE voicemail requesting tenant information. Other local attorneys reported similar contacts. Anthony Luna, CEO of Coastline Equity, which manages 1,000 Los Angeles-area units, said property managers contacted him about tenant concerns over ICE subpoena rumors.

Legal experts warn that the requests create compliance risks for property owners. Tulane University housing law professor Stacy Seicshnaydre said landlords face “overcompliance” dangers with non-judicial requests. Fair Housing Act violations could result if landlords comply with demands that enable discrimination based on race, color or national origin.

ICE can enforce subpoenas but must first file federal lawsuits and obtain judicial approval, according to Yeshiva University law professor Lindsay Nash. This process allows recipients to challenge requests. Recipients often comply without informing targeted individuals, according to Nash.

Teusink said his multifamily clients regularly handle subpoenas for surveillance footage or police access, but those carry judicial signatures. The immigration requests appeared to be “fishing expeditions,” in Teusink’s view.

The Trump administration has targeted landlords as part of mass deportation efforts, seeking information on people who entered without visas under the previous administration. ICE subpoenas existed before Trump’s first term but increased significantly under his administration; landlords rarely received them previously.

— Holden Walter-Warner