ICE Agents Knocking on Your Community Association Door? Here Are What Questions to Ask

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by shareholder Shari Wald Garrett and appears in this past Sunday’s edition of the newspaper. The article, which is titled “ICE Agents Knocking on Your Community Association Door? Here Are What Questions to Ask,” focuses on the Community Associations Institute’s new guidance on ICE requests to help associations meet all their legal obligations in an objective and nonpartisan manner. Her article reads:

. . . CAI’s guidance, which was developed based on consultations with highly qualified professionals, is designed to help associations navigate their interactions with ICE agents and avoid infringing on the rights of residents, employees, and association leadership. The organization notes that requests from ICE involve legal rights, privacy obligations, and the role of associations in upholding fair and lawful processes.

The guidance recommends that community associations start by gaining a clear understanding of any ICE requests they receive. The federal agency could be seeking information for various reasons, including employment audits or targeted enforcement, and association directors and managers should begin by becoming aware of such distinctions.

For example, ICE requests could be part of attempts to locate specific individuals for the purpose of making a detention and/or arrest. They could also be for the purpose of seeking information about association personnel as part of Form I-9 audits, which ensure compliance with employment eligibility verification and require at least three business days notification for employers to produce the requested forms.

The organization’s guidance is for associations to respond by first requesting the names and badge numbers for the inquiring officers. They should also ask for copies of any judicial warrants, which ICE agents must present in order to access private areas within the property or obtain specific association information. Those warrants are issued by a court and signed by a judge or magistrate, and they grant permission for entry onto association property and accessing information. The warrants will specify the property to be searched as well as the records and information to be obtained, and without them associations are not legally obligated to provide access to the private areas or to provide the requested confidential information.

The federal law enforcement agency may also rely on administrative warrants, which are issued and signed by ICE administrative officers. However, administrative warrants do not grant the same authority as judicial warrants. They are used to arrest noncitizens who are suspected of committing immigration violations, and they do not grant the authority to enter nonpublic association areas or to obtain information regarding employment or residency.

Unless presented with a judicial warrant or subpoena, CAI’s guidance recommends for directors and property managers to protect employment and resident information from disclosure. The guidance provides that associations should maintain the confidentiality of all residents and employees by avoiding the sharing of personal information such as names, addresses, vehicle information, etc., without proper legal authorization.

The organization also recommends that directors and managers prepare a plan for responding to ICE requests that includes a designated point of contact. This should be a specific staff member who would handle interactions with ICE officers, but it recommends for all staff members to understand the differences between judicial warrants and subpoenas versus ICE warrants. Association staff should also be informed and trained on the protocols for handling all such inquiries.

CAI’s guidance states that ICE agents cannot enter private areas without a judicial warrant or the explicit consent of an association representative such as the property manager or a board member. It advises association representatives to remain calm and respectful when informing officers that they cannot consent to allowing access to information without a valid warrant, and providing them with the name and contact information for the association’s legal counsel.

If an ICE officer seeks to enter an area without a proper judicial or administrative warrant, it recommends for association representatives not to attempt to interfere. Instead, they should consult with qualified attorneys regarding possible legal remedies.

The organization’s guidance states association representatives are not obligated to answer questions or allow interviews without legal compulsion or comprehensive information on rights and procedures. While some association representatives may feel compelled to cooperate, it advises them to first seek the advice of qualified legal counsel.

Associations are also advised to document all interactions, request business cards, keep a record of agents’ names and badge numbers, make copies of any warrants or other legal documents, and keep a written record of the date, time and summary of all interactions.

Because immigration policies and enforcement practices can change, associations are also advised to regularly consult authoritative sources to stay updated. . .

Shari also notes that the guidance concludes by recommending for any questions regarding employment and immigration issues to be referred to qualified legal counsel, who should be consulted before taking any actions related to ICE requests.  She writes that by following the organization’s recommendations, associations can help to ensure their actions are lawful and respectful of the rights of their community members and employees.

Our firm salutes Shari for sharing the information on this important new guidance from the Community Associations Institute with the readers of the Miami Herald.  She and the firm’s other South Florida community association attorneys write about important matters for associations in this blog and our Herald column, which appears every two weeks on Sundays, and we encourage association directors, members and property managers to click here and subscribe to our newsletter to receive our future articles.