If ICE Asks About Your Tenants, Should You Answer?
If you’re a Minneapolis or St Paul housing provider and ICE shows up at your door demanding information about a resident in your duplex, are you required to provide it?
It sounds far-fetched, but several Atlanta landlords were faced with exactly that question last summer when several received subpoenas for entire files on tenants.
The subpoenas were not signed by a judge.
If that happens here, are Minnesota landlords required to comply?
I’m not an attorney. And if you want legal advice, you should consult one. However, my general understanding is this.
A Minnesota landlord is generally not required to hand over tenant information to ICE just because an agent asks. In most situations, ICE must present a valid warrant signed by a judge, or a court order, or other lawful process before a landlord is obligated to disclose private tenant records. Voluntary cooperation without proper legal authority can expose the landlord to privacy and fair housing risks, so landlords should get legal advice before responding.
If ICE or another federal agency shows up with that valid court order, subpoena signed by a judge, or search warrant that clearly describes the records or areas they may access, the landlord is generally required to comply. Ignoring a lawful court order can expose the landlord to legal penalties, regardless of the tenant’s immigration status.
However, if ICE shows an “administrative” immigration subpoena or document signed only by an immigration officer and not by a judge, many legal experts warn that a landlord may not be legally required to comply. Doing so may risk violating privacy or anti‑discrimination laws by voluntarily turning over tenant files. These documents often look official but do not have the same force as a court‑issued warrant.
Minnesota landlords also have obligations to respect tenants’ privacy and limit access to units and records to legitimate business purposes, and unauthorized disclosures can create liability under state privacy and housing laws. Handing over information only about tenants perceived as “foreign” or “undocumented” could also raise fair housing concerns based on national origin.
So what do you do if they show up?
Ask to see the warrant or court order, confirm that it is signed by a judge, and check exactly what records or areas are covered before doing anything. Politely decline to provide information or access beyond what the document specifically authorizes.
If there is only an administrative ICE document or informal request, contact an attorney before responding. Landlords may generally inform tenants that ICE requested information, but should avoid giving legal advice and instead encourage residents to seek their own legal counsel.