July 16, 2025 | New York City
In a controversial move, U.S. immigration officials have begun issuing administrative subpoenas to landlords requesting detailed tenant files — including applications, leases, and identification documents. The subpoenas, not signed by a judge, are raising red flags among legal experts and property managers alike, particularly as they target individuals living in the U.S. without legal documentation.
Attorneys report that clients managing multifamily properties have received these subpoenas from USCIS’s fraud detection unit, seeking information not only on tenants but also anyone who lived with them. Experts argue that the documents are not enforceable unless backed by a judge and warn landlords that complying may violate the Fair Housing Act, which protects against discrimination based on national origin or race.
Industry professionals are expressing confusion and concern. Some landlords have already consulted with legal counsel and concluded that these requests are voluntary, not mandates. Others fear that failure to comply may lead to legal threats, even though ICE would need a federal court order to enforce any penalties.
This development introduces a complex challenge for the housing industry, placing landlords in a precarious position between federal immigration enforcement and tenant privacy rights. Advocacy groups continue to push “Know Your Rights” campaigns, urging tenants and landlords alike to seek legal advice before responding to any such subpoenas.