Immigration agents may be pressuring landlords to share information about their tenants to determine whether or not they are undocumented — but what obligations do property owners have to federal authorities?
Workers with Immigration and Customs Enforcement (ICE) are allegedly asking landlords to hand over leases, forwarding addresses and other information about tenants to ICE, the Associated Press reported on Tuesday.
The AP says it obtained an internal document detailing the requests. But the individuals and companies that own rental properties are not under any legal obligation to comply, says one constitutional lawyer.
“The renters are under no obligation to cooperate with ICE; that’s private information from the people who you rent to. And, clearly, you don’t need to hand it over,” said lawyer Joseph Malouf in Spanish. “Now, if the person or agent has a document signed by a court, a document called a subpoena, [landlords] have to produce that information.”
The biggest difference is whether or not the subpoena is signed by a judge. That’s what makes the request for information a legal obligation, Malouf said.
Some property managers say the situation would raise serious legal questions, and would worry landlords in the D.C. metro area.
The D.C. Landlord Association said, in part:
“So far, we have not received any direct requests from immigration authorities to landlords regarding tenants’ immigration status. We recommend our members exercise caution, and consult a lawyer before responding to any requests. Tenants’ privacy and legal rights are crucial.”
Some D.C.-area residents say they’re not surprised by the idea, but are still worried by it.
“Yes, the truth is, it worries me,” Paola, one of those residents, said in Spanish. “Because there are times they can use someone’s information for many things, like scams. And there are some who are undocumented and others who are not, and sometimes we all end up paying the price.”
Still, legal experts insist that constitutional protections still in place.
“I think people should sleep easy, knowing there are constitutional rights that protect your privacy and your rights to sleep peacefully in your home,” Malouf said.
Other residents point out that complying with the law is a way for people to protect themselves.
“Well, they should stay calm, behave themselves, and do good things and not bad,” Hugo, one of those residents, said in Spanish.
Telemundo 44 reached out to the Department of Homeland Security (DHS) for comment on the AP report, but has not yet received a response.
A DHS spokeswoman reportedly told the AP that the use of subpoenas to obtain tenants’ data is within the law, but did not confirm whether such requests are being made widely across the United States.
This story first appeared as a Spanish-language video story on our sister station Telemundo 44. Para ver en Español, haz clic aquÃ.
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