We have all seen the headlines about immigration raids happening throughout the United States. The federal government is making a point to showcase these raids on news media and often include agents in full tactical gear going into a community unexpectedly with guns drawn.
Beyond the news reports, there has been a substantial increase in immigration arrests. According to the Department of Homeland Security, there has been a 627% increase in Immigration and Customs Enforcement ("ICE") arrests in the first two months of 2025 compared to the entirety of 2024.
For nearly anyone, the thought of armed law enforcement coming toward them is a frightening thought. They are intimidating on purpose and will often push the limits to catch the people they are after.
For community association managers, it is important to stay calm and understand the rights of the community when dealing with any type of law enforcement, including those from Immigration and Customs Enforcement officers.
In a nutshell, the famous lyric in Grateful Dead's Truckin' applies. "If they got a warrant, I guess they're gonna to come in."
However, there are multiple steps to take before you let any law enforcement into a community, even if they have a warrant. As such, a community must have a plan to handle law enforcement needs – and an attorney must be called immediately
The attorneys at The Orlando Law Group can help associations put together a plan for law enforcement to ensure you stay within your legal rights, along with working to help lessen the impact when it happens.
Why Not Just Comply with Law Enforcement?
Nearly all our lives we've been taught to comply with law enforcement, however, as an association manager, you have the legal obligation to protect the privacy of your residents.
For instance, you can't just turn over financial information or other personal information just because you were asked. You do not have to let law enforcement into your community's private property arbitrarily.
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, and those searches performed without a warrant are presumptively unreasonable. In Florida, Article I, Section 12 of the Florida State Constitution, mirrors this protection.
So, private property owned by an association is generally off-limits to ICE officers without a judicial warrant or consent.
What steps does a community take when ICE shows up
Again, the first step for community managers is to develop and institute a plan for law enforcement, and it should be followed regardless of if it is the FBI, ICE or the local sheriff.
For non-gated neighborhoods, there is nothing you can do to prevent ICE from coming into a neighborhood as the streets and sidewalks are public property. If ICE is looking to raid a house in a non-gated community, it is on the homeowner to ask for a warrant, not the community association.
For a gated community, a condominium or an apartment building, all of the common areas, including the roads and hallways, are private property and law enforcement must take very specific steps to enter.
In those cases, an association manager needs to reach out to the community's attorney immediately. The attorney will know all legal rights and requirements. In addition, the attorney can contact the law enforcement agency to ensure the steps being requested by law enforcement on the scene are on official business.
At that point, it is time to ask law enforcement for identification and to see any warrants that have been issued.
Understand the difference between a judicial warrant and an administrative warrant
When dealing with immigration issues, not all warrants are equal, however, law enforcement has no legal obligation to clarify the types of warrants. If they say they have a warrant and you let them in, you have given them consent.
The warrant that most people think of when it comes to warrants is judicial warrants. That's when law enforcement appears before an impartial judge and presents evidence of a potential crime and the need for a warrant.
When law enforcement shows a judicial warrant, that is enough to allow law enforcement onto private property in the community.
We still recommend sending a copy of the warrant to an attorney for verification. That is because immigration officials also have the ability to use an administrative warrant that does not have the same powers as a judicial warrant.
Administrative warrants are focused on the individual who is accused of being in the United States illegally. They are not always administered by a "neutral and detached" magistrate as there are fifty-two immigration officer categories expressly authorized to issue arrest warrants for immigration violations, as well as "other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority."
Therefore, an administrative warrant does not allow the same access to private areas. An administrative warrant is identifiable by being issued by an immigration officer/federal agency, and/or will be found on a form I-205 or I-200.
What about management company records?
Not all ICE actions will be against residents of a community. They could be targeting a vendor who is employing undocumented individuals. They also could be looking at the employees of the management company or just a fishing expedition to find potential immigrants.
The same rules apply here, with some extra protection. In these cases, ICE will issue a "Notice of Inspection" requesting all I-9 documents from employees. Associations will have three days to compile and provide the documentation.
For other records, it depends on a warrant and consultation with an attorney. Under no circumstance, should an association provide any confidential information about vendors or residents without a judicial warrant.
Why interfere with law enforcement actions at all?
To be clear, under no circumstances should any employee block law enforcement. Hopefully, the agents will work with the community association manager and follow applicable rules.
If they refuse or are moving toward a target because of a triggering event, the association manager needs to let them proceed and allow the attorney to look at any protections.
As stated before, an association has a legal and ethical responsibility to protect the confidential information of its residents and vendors. If you don't follow the laws, your association could have some legal liability from the resident or vendor.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
