Homeland Security’s Tricia McLaughlin defended the practice, stating that ICE has authority to issue administrative subpoenas and warned of potential legal penalties for noncompliance
Federal immigration authorities are requesting tenant information from landlords as part of a broader enforcement strategy under President Donald Trump‘s immigration crackdown.
Real estate attorney Eric Teusink, based in Atlanta and consulted by The Associated Press, said several of his clients have recently received administrative subpoenas seeking complete rental files for specific tenants.
The two-page forms, reviewed by the outlet and issued by U.S. Citizenship and Immigration Services’ (USCIS) fraud detection unit, request lease agreements, rental applications, identification documents, forwarding addresses, and information on cohabitants. These subpoenas are not signed by a judge, raising legal concerns among landlords and attorneys.
“It seemed like they were on a fishing expedition,” Teusink told the Associated Press. After consulting with immigration attorneys, he concluded that without judicial authorization, compliance is voluntary.
Homeland Security spokesperson Tricia McLaughlin defended the practice, saying that ICE and other immigration agencies have authority to issue administrative subpoenas and warned of potential legal penalties for noncompliance:
“We are not going to comment on law enforcement’s tactics surrounding ongoing investigations. However, it is false to say that subpoenas from ICE can simply be ignored. ICE is authorized to obtain records or testimony through specific administrative subpoena authorities. Failure to comply with an ICE-issued administrative subpoena may result in serious legal penalties. The media needs to stop spreading these lies”
Legal experts warn that landlords who respond to such requests may be violating federal housing laws. Stacy Seicshnaydre, a housing law professor at Tulane University, cautioned against what she called “overcompliance,” especially since many tenants are unaware their information may be turned over to federal authorities. “Just because a landlord gets a subpoena, doesn’t mean it’s a legitimate request,” she added.
This development comes as the Trump administration accelerates immigration enforcement efforts across multiple fronts. Earlier this week, acting ICE Director Todd M. Lyons issued a directive requiring the detention of undocumented immigrants for the entirety of their removal proceedings, eliminating bond hearings in most cases. Release will be allowed only under exceptional circumstances at the discretion of ICE officers.
ICE is under internal pressure to dramatically increase arrest numbers. Trump’s border czar Tom Homan last week called for 7,000 arrests per day — more than double the already elevated goal set by top White House officials:
“We have to arrest 7,000 every single day for the remainder of this administration just to catch the ones Biden released into the nation. And for those that say 3,000 a day is too much, I want to remind them: do the math.”
