- Landlord & Tenant Law
- Illinois
Immigration enforcement activities have been increasing, creating challenges for landlords and property managers across Illinois. Understanding how to respond when Immigration and Customs Enforcement (ICE) agents show up at your property is essential to protecting your tenants, employees, and business. Below are five key takeaways for landlords and rental property managers.
1. Understand ICE’s Authority: Public vs. Private Areas
ICE agents can always access public areas of your property but cannot enter private areas without consent or a valid warrant.
- Public Areas (no consent required):
- Building lobby
- Leasing office entryway
- Any area open to the general public
- Private Areas (require consent or warrant):
- Fitness centers with key fob access
- Locked hallways or clubhouses
- Staff-only management offices
Best practices include:
- Use “Private” signage to clearly designate restricted areas
- Train staff to avoid accidentally giving consent by leading ICE agents into private spaces
2. Know the Difference Between Warrants
ICE agents may present different types of warrants. Knowing the difference is critical.
- A Judicial Warrant is issued by a federal or state judge and allows search and/or arrest.
- An administrative warrant is issued by an ICE or DHA officer and only allows ICE to detain someone in public areas.
A search warrant must:
- Be signed by a judge
- Include the correct property address
- List specific areas to be searched and a valid time frame
- An arrest warrant alone does not allow ICE to search private areas
- ICE can only wait in public spaces for the person named
3. Handling Subpoenas
ICE may also issue subpoenas for records or testimony.
- A Judicial Subpoena is signed by a judge. You must comply within the specified deadline.
- An Administrative Subpoena is signed only by an ICE officer. You do not need to comply unless there is a separate court order.
Always forward subpoenas to legal counsel for review before responding. Subpoenas can be complex and may not always be valid. A legal review can ensure you:
- Confirm authenticity: Determine whether it’s a judicial subpoena requiring compliance or an administrative subpoena, which may not require action.
- Protect tenant privacy: Avoid accidentally disclosing sensitive tenant records without proper legal authority, which could lead to liability.
- Meet deadlines correctly: Ensure you respond within the required timeframe and provide only the information legally required.
- Limit risk: Prevent over-compliance or missteps that could expose your business to lawsuits or penalties.
4. Preparing Your Property and Staff
Having a plan in place before ICE arrives is crucial.
Best practices include:
- Create a written policy that includes clear instructions for staff
- Never give consent to searches beyond the warrant’s scope
- Do not disclose any tenant information without a judicial subpoena
- Designate specific staff to review warrants/subpoenas
- Record officer names, badge numbers, and agency confirmation
- Accompany ICE during searches
- Ensure all third-party staff (security, concierge) follow the same procedures
5. During and After an ICE Raid
Best practices include:
- Stay calm, professional, and respectful
- Request officers’ names, badge numbers, and agency confirmation
- Review the warrant carefully before granting access
- Do not block or physically interfere with agents, even if they exceed their authority
- Verbally object and record video evidence
- Notify your corporate office and legal counsel immediately
- Write an incident report including agent names, badge numbers, areas searched, individuals arrested, etc.
Landlords and rental property managers have the option to file a complaint with DHS/ICE if agents exceed their authority or damage property.
Legal Resource
Illinois law prohibits discrimination based on immigration status. Mishandling an ICE visit/raid can create legal liability and damage relationships with tenants. By preparing your renal property and staff, you can
- Protect tenant privacy
- Ensure compliance with state and federal laws
- Respond professionally to an ICE visit/raid
Contact our law firm if you have questions about these updates or other landlord/tenant legal questions.
You can reach KSN by calling 855-537-0500 or visiting our website at www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2025 Kovitz Shifrin Nesbit, A Professional Corporation.
