What Are a Landlord or Property Manager’s Obligations Regarding ICE?
BIG PICTURE
Landlords and property managers are not immigration enforcement agents.
You generally have no duty to assist ICE and no authority to police a tenant’s immigration status.
1. Immigration status & renting
You cannot ask tenants about immigration or citizenship status as a condition of renting.
You cannot refuse to rent, evict, or treat someone differently based on perceived or actual immigration status.
Doing so can violate:
Fair Housing Act (national origin discrimination)
NJ Law Against Discrimination (even broader protections)
👉 You can require standard, neutral criteria (ID, income verification, credit checks), as long as they’re applied equally to everyone.
2. ICE access to rental property
ICE does not get special landlord privileges.
Common areas
Hallways, lobbies, parking lots: ICE may enter only if the public normally can.
You are not required to escort or assist them.
Private units
ICE cannot enter a tenant’s apartment without:
A judicial warrant signed by a judge, or
The tenant’s consent
An ICE administrative warrant (Form I-200 or I-205) is not enough.
👉 You should not unlock doors or provide access to a private unit without proper legal authority.
3. Responding if ICE contacts you
If ICE shows up or calls:
You may:
Ask to see a judicial warrant
Refer them to your attorney or company policy
Decline to answer questions about tenants
You are NOT required to:
Confirm whether a tenant lives there
Provide lease files, applications, or personal info
Give move-in dates, work schedules, or family details
Providing tenant information voluntarily can expose you to privacy and discrimination liability.
4. Tenant records & confidentiality
Lease agreements, applications, SSNs, and IDs are private records
You should only release them:
With tenant consent, or
In response to a valid subpoena or court order
NJ landlords especially should be cautious due to strong state privacy and anti-discrimination laws.
5. Evictions & ICE activity
You cannot evict someone because of ICE involvement
You cannot threaten eviction based on immigration status
Evictions must follow normal NJ landlord-tenant law, with lawful cause and due process
Using immigration status as leverage is illegal and risky.
6. Best practices for landlords & property managers
Smart, low-risk approach:
Have a written policy: “We do not share tenant information without a court order.”
Train staff to refer all law enforcement requests to management or legal counsel
Never keep notes about a tenant’s immigration status
Treat ICE the same way you would any other law enforcement agency
BOTTOM LINE
Your obligation is neutrality and compliance with valid court orders — nothing more.
You protect yourself best by:
Respecting tenant privacy
Avoiding immigration questions entirely
Requiring proper legal documentation before cooperating
This information is provided for general informational purposes only and does not constitute legal advice. Laws and regulations may vary by jurisdiction and may change over time. Landlords and property managers should consult with a qualified attorney regarding their specific circumstances and obligations related to tenant rights and interactions with law enforcement or immigration authorities.
