U.S. immigration authorities under the Trump administration are allegedly asking landlords to give them private information about their tenants, The Associated Press reports. The government is requesting information, including rental contracts, rental applications, forwarding addresses, identification cards and possibly other personal documents.
The new tactic is another sign of the government’s effort to track down and deport people who are in the U.S. illegally.
ICE subpoenas allegedly target tenant files
According to the AP, U.S. Customs and Immigration Enforcement (ICE) has contacted owners of apartment complexes demanding information on their tenants, including work history, marital status, family relationships and other names on leases.
Eric Teusink, a real estate lawyer near Atlanta who spoke with the AP, claims some of his clients have received “information enforcement subpoenas” from immigration authorities. He said they are signed by immigration officers, not by a judge.
Scope of subpoenas remains unclear
It’s unclear how many subpoenas were sent out or how widespread the tactic is. The AP reviewed a subpoena and reports it comes from the U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Directorate.
“It seemed like they were on a fishing expedition,” Teusink told the AP. Teusink determined that the landlords don’t have to comply with the ICE enforcement subpoenas because it’s just an officer making a request.
Understanding ICE enforcement subpoenas
An ICE enforcement subpoena is a legal document issued by ICE, compelling a person or organization to provide testimony, documents, records or other evidence related to an ICE investigation or enforcement action.
An immigration subpoena, according to the National Immigration Law Center, “is not enforceable on its own, unless a court orders you to comply with it. You may refuse to comply with the subpoena.”
Homeland Security responds
Tricia McLaughlin, Homeland Security spokesperson, provided a statement to the AP.
“We are not going to comment on law enforcement’s tactics surrounding ongoing investigations,” she said. “However, it is false to say that subpoenas from ICE can simply be ignored. ICE is authorized to obtain records or testimony through specific administrative subpoena authorities. Failure to comply with an ICE-issued administrative subpoena may result in serious legal penalties. The media needs to stop spreading these lies.”
