What To Do When ICE Knocks On Your Investment Property Door?

Reports of recent Immigration and Customs Enforcement (ICE) deportations have left me wondering if the immigrants who were detained were tenants.

And if so, what are a housing providers obligations, rights and responsibilities when it comes to immigrants who may have come to the United States illegally.

In what may have been a result of tremendous foresight, last summer the Minnesota state legislature passed a bill that ensured prospective tenants could not be denied housing due to their immigration status. This was achieved by mandating housing providers accept an Individual Taxpayer Identification Number, which is issued by the U.S. Internal Revenue Service in the event an applicant does not have a social security number.

Minnesota has 81,000 undocumented immigrants of which 21,000 have these numbers.

Since Minnesota housing providers can’t discriminate due to immigration status, what should they do if ICE comes to their door?

While I am not an immigration attorney, and it is always best to seek legal counsel for specifics, here are some general guidelines.

First, ask the ICE officer for identification and credentials. Know that ICE cannot enter private homes without either consent or a warrant. If the agent has one, make a copy and immediately contact an attorney.

If the ICE agent asks for names, tenant tiles or rent rolls detailing who lives at the property, the housing provider is no under obligation either to provide or withhold it. However, landlords must avoid any actions that could be perceived as discriminatory based on the resident’s legal status. The best answer may well be a list of all tenants is too broad.

Politely refusing to help ICE is not the same as helping someone they have targeted. Helping someone escape is a federal felony that can result in a prison sentence.

If ICE has a warrant for a targeted individual, they have the right to enter the premises with or without the housing provider’s cooperation. It will be impossible to recover from ICE for any damage they may do by kicking down doors, etc.

Tenants are not required to answer questions from ICE or law enforcement. They also have the right to have an attorney present during any such interactions.

Housing providers should keep detailed records of all ICE interactions, including dates and times.

And what happens if a tenant is deported?

Technically, they are still required to pay rent. Housing providers are also required to inventory and store their belongings for 28 days.

Of course, that also results in lost income to the housing provider, another vacancy and another turnover.