Asian Law Caucus Releases Legal Guidance Resource for Housing Providers to Prepare for Immigration Enforcement

By Kayla Blackwell, NLIHC Housing Policy Analyst and Sarita Kelkar, NLIHC Policy Intern  

The Asian Law Caucus released a resource for housing providers to address and respond to immigration enforcement with a goal of fostering inclusive and safe resident communities. The resource, “Safety Starts at Home: Legal Guidance for Housing Providers,” outlines the steps housing providers, including private landlords and subsidized housing providers, can take to protect resident data and train staff and residents before, during, and after an immigration enforcement action. Asian Law Caucus also offers a shorter, 2-page overview of how to respond to requests for records or documents. Note that this guide contains general information and is not intended to be legal advice for your specific situation. If you have questions about your specific situation, please consult an attorney. 

Education and advocacy are critical to fostering safer and more inclusive communities, and this new resource helps housing providers be prepared for U.S. Immigration and Customs Enforcement (ICE) presence at a property. “Housing providers, their staff, and residents have rights,” the authors note. “When staff and residents are empowered to assert their rights, they can protect the privacy and safety of themselves and others. This guide offers information for housing providers, both private and subsidized, to help them be prepared to address and respond to immigration enforcement with a goal of fostering inclusive and safe resident communities.” 

Some actions housing providers can take include: 

• Preventative measures such as collecting only necessary resident information, designating private and public areas, and training staff and residents on property policy and their rights;
• Appropriately responding in the case of an enforcement action by asking agents for identification and a warrant, advising residents of their rights, and documenting everything through video or audio; and
• Ensuring effective communication between residents and staff and continuously assessing how current policies align with fair housing obligations.  

The resource comes at a time when the Trump Administration is escalating enforcement and deportation actions, with increased attempts to detain or apprehend individuals at their place of living. Some landlords have received demands from immigration authorities for information on their tenants, including leases, rental applications, forwarding addresses, and identification cards. NLIHC urges providers of HUD-subsidized and private housing who receive subpoenas for tenant information to immediately seek legal counsel about how to respond.  

Access the resource here.