Immigration authorities are issuing subpoenas to landlords, requesting detailed tenant information without judicial approval, which raises alarms over privacy, legal boundaries, and potential discrimination. Experts warn the move may violate housing laws and intimidate landlords into overcompliance.
Read: Denver Approves Tougher Fines for Owners of Abandoned Properties
Widening Deportation Tactics
The Trump administration’s immigration crackdown has expanded to include landlords. Immigration authorities are issuing subpoenas to property managers, demanding rental files that include leases, ID cards, forwarding addresses, and tenant applications, documents that often detail work history, marital status, and family information.
Atlanta-based real estate lawyer Eric Teusink said multiple clients have received such demands. One two-page “information enforcement subpoena” obtained by the Associated Press, dated May 1, was signed by an officer from U.S. Citizenship and Immigration Services’ (USCIS) anti-fraud unit, but not by a judge.
The move appears to be part of a larger strategy to find undocumented individuals who previously provided U.S. addresses while entering the country. President Trump has reversed temporary immigration protections granted under former President Joe Biden.
Also read: Trump Officials Intensify Immigration Raids in California Amid Public Backlash
Legal Doubts and Risks
Legal scholars and housing experts say the subpoenas may not be lawful because they bypass the courts. If landlords comply, they could risk violating the Fair Housing Act, which bars discrimination based on race, color, or national origin. “The danger here is overcompliance,” said Tulane University law professor Stacy Seicshnaydre. “Just because a landlord gets a subpoena, doesn’t mean it’s a legitimate request.”
Advocacy groups have long urged people not to comply with immigration subpoenas unless signed by a judge. The reviewed subpoena, while unsigned by a judge, includes a warning that a court may hold landlords in contempt for failing to comply.
Also read: LA Homelessness Drops for Second Straight Year, Raising Doubts Over Count Reliability
Homeland Security Defends Action
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, did not confirm the issuance of these subpoenas but stood by the agency’s authority. “ICE is authorized to obtain records or testimony through specific administrative subpoena authorities. Failure to comply may result in serious legal penalties. The media needs to stop spreading these lies.”
She criticized news coverage, labeling it misleading and harmful to enforcement efforts.
Also read: Missouri Governor Kehoe Approves Bill Striking Down Section 8 Rent Protections
Landlords Confused, Concerned
Eric Teusink noted that landlords often deal with subpoenas, but those are typically court-authorized requests for surveillance footage or police investigations, not open-ended demands from immigration authorities. “It seemed like they were on a fishing expedition,” he said.
Boston attorney Jordana Roubicek Greenman said her client received a vague voicemail from ICE, prompting her to advise against replying. In Los Angeles, Coastline Equity CEO Anthony Luna said property managers started getting nervous after hearing about the subpoenas. None, he said, plan to comply. “If they’re going after criminals, why aren’t they going through court documents?” Luna asked. “Why do they need housing provider files?”
Also read: Missouri Governor Kehoe Approves Bill Striking Down Section 8 Rent Protections
Precedents and Power Limits
Though ICE has issued administrative subpoenas since before Trump’s first term, they became far more common under his administration, says Yeshiva University law professor Lindsay Nash. But landlords were rarely targets, and subpoenas were usually sent to state and local police.
ICE can legally enforce these subpoenas, but only after filing in federal court and securing a judge’s order. That process would give recipients a chance to challenge them, a step often skipped due to intimidation. “Many people see these subpoenas, think that they look official and therefore respond,” Nash explained, adding that many seem “overbroad.”
Also read: Utah Admits ‘Stand for Our Land’ Campaign Misled Public in Court
Tenant Privacy at Risk
Experts warn that tenants may never know their private data is being handed over, leaving them unable to contest the disclosure. The legal ambiguity surrounding these demands puts landlords in a precarious position: comply and risk violating federal law, or refuse and face threats of contempt.
Meanwhile, concerns mount that such tactics could deter landlords from renting to immigrants altogether, fueling discrimination in an already tense housing market.
