Landlord Guide: How to Comply with ICE and Stay Within the Law 

Being a landlord isn’t just about collecting rent and maintaining property—it comes with legal responsibilities, including compliance with federal immigration enforcement. In recent years, the topic of ICE (U.S. Immigration and Customs Enforcement) compliance for landlords has grown more important, particularly for self-managed landlords who may not have a professional property manager to handle legal nuances.

If you’re managing your own rental properties, understanding your responsibilities is key to avoiding costly penalties and ensuring ethical and legal tenant screening. Here's a breakdown of how self-managed landlords can remain compliant with ICE-related laws while still protecting themselves from liability and discrimination claims. For any questions please consult a legal attorney, Sail Properties is knowledge and is also here to help. 

What Does ICE Have to Do with Landlords?

ICE enforces immigration laws, including those related to employment and housing. While ICE primarily targets employers, it also works with state and local governments to enforce immigration-related housing violations, especially where landlords knowingly rent to undocumented individuals in violation of certain laws.

However, as a landlord, you are not responsible for enforcing immigration laws. You are responsible for:

• Following fair housing laws at the federal, state, and local levels.

• Not engaging in discrimination based on national origin, immigration status, or perceived citizenship.

• Using lawful and consistent tenant screening practices.

Let’s explore how to comply with the law while staying off ICE’s radar.

1. Understand Federal Fair Housing Laws First

Before worrying about immigration-specific issues, you must understand the Fair Housing Act, which prohibits discrimination based on:

• Race

• Color

• National origin

• Religion

• Sex

• Familial status

• Disability

This means you cannot:

• Ask for different forms of ID based on someone’s ethnicity or accent.

• Refuse to rent to someone because you suspect they are undocumented.

• Treat applicants differently based on their country of origin.

Violation of the Fair Housing Act can result in massive fines, lawsuits, and public reputational damage. So, every decision must be rooted in consistent and legal screening procedures.

2. Can You Ask About Immigration Status?

Technically, yes—you can ask—but you must apply the same question to every applicant.

For example, you may require proof of identity and legal ability to enter into a lease. Acceptable documentation can include:

• Government-issued photo ID (e.g., driver’s license, passport)

• ITIN (Individual Taxpayer Identification Number)

• Visa or residency documents

However, if you choose to ask for immigration status, make sure:

• It’s clearly stated in your rental criteria.

• You apply it equally to every applicant.

• You’re not violating state or local ordinances (some cities ban this question outright).

Many self-managed landlords avoid this entirely by focusing on creditworthiness, income, rental history, and criminal background checks—all legal and relevant to rental eligibility.

3. How to Screen Tenants Without Violating Immigration Laws

Self-managed landlords should use objective, legal, and consistent tenant screening criteria such as:

• Monthly income (e.g., 3x rent)

• Credit score threshold

• Rental history (evictions, references)

• Criminal background (based on specific offenses)

These criteria are legally valid and don’t touch immigration status.

Pro Tip: Use third-party tenant screening platforms that offer ID verification and credit checks. These platforms stay up to date on legal compliance and remove personal bias from the process.

Remember: Do not base tenant decisions on language, accents, or names. That’s discriminatory and could expose you to a HUD investigation or lawsuit.

4. What Happens If ICE Contacts You?

In most cases, ICE will not contact landlords unless there's an active criminal investigation involving the tenant. But if they do:

• Do not voluntarily provide tenant information without a subpoena or warrant.

• ICE must follow the Fourth Amendment, just like any law enforcement agency.

• If ICE presents a warrant signed by a judge, you must comply.

Self-managed landlords are especially vulnerable if they act out of fear or misunderstanding. Here’s how to handle such scenarios:

Scenario 1: ICE visits your property asking about a tenant.

• Ask for identification and documentation.

• If they don’t have a signed judicial warrant, politely decline to provide information.

Scenario 2: ICE contacts you by mail or phone.

• Consult a lawyer before responding.

• Keep a written record of all communication.

Bottom line: You are not required to do ICE’s job for them—and doing so could make you liable for civil rights violations.

5. Be Aware of State and Local Laws

Some states (like California, New York, and Illinois) have passed tenant protection laws that go beyond federal requirements. In these states, it is illegal to ask about immigration status or to use it as a reason to deny housing.

For example:

• California’s Immigrant Tenant Protection Act (AB 291) prohibits landlords from disclosing tenant information to immigration authorities without a court order.

• In New York City, landlords are banned from harassing or threatening tenants based on immigration status.

If you're managing your own properties, make sure to:

• Read your state and local landlord-tenant laws.

• Avoid blanket policies that may unintentionally violate tenant protections.

• Stay informed about updates in immigration and housing law.

6. Avoid These Common Legal Mistakes

Even with good intentions, self-managed landlords often fall into legal traps. Here are some examples to avoid:

• Mistake: Asking one applicant for a green card, but not others.
  → This is discriminatory, even if unintentional.

• Mistake: Using "gut feelings" to deny applicants.
  → Stick to written criteria, or you risk a fair housing complaint.

• Mistake: Cooperating with ICE without a court order.
  → This could violate tenant privacy laws.

• Mistake: Using documentation as a proxy for discrimination.
  → Only require documents directly tied to your rental qualifications.

7. Documentation and Best Practices for Compliance

To protect yourself legally, you should:

• Maintain written rental criteria and share them with every applicant.

• Keep copies of all applications, communication, and screening reports.

• Document why a tenant was denied (e.g., credit score below minimum).

• Stay consistent with record-keeping and make no exceptions.

Even if you’re only renting a duplex or single-family home, acting like a professional landlord protects your business and your tenants.

8. When to Seek Legal Help

Self-managing a property saves money, but it doesn’t mean you have to handle everything alone. If you:

• Receive a legal notice from ICE

• Are unsure about your local laws

• Face a discrimination complaint

…it’s time to contact a real estate attorney. A short legal consultation can save you tens of thousands in court fees.

Final Thoughts: Self-Managed and Compliant

Being a self-managed landlord requires more than just maintaining your rental—it means staying informed and legally compliant. With immigration enforcement and tenant protection laws evolving, it’s never been more important to document everything, avoid discriminatory practices, and know when to get help.

You don’t need to become an immigration expert—but you do need to understand how tenant rights, ICE procedures, and anti-discrimination laws intersect with your rental business.

By applying fair, transparent policies and steering clear of assumptions, you can protect yourself legally, support your community, and build a strong, ethical rental business. Sail Properties has standard policies to protect you as our client. Contact us to find out more.