Important Guidance for GCAA Members on Federal Immigration Enforcement Activity

Dear GCAA Members,

We are aware of recent reports of U.S. Border Patrol and other federal immigration enforcement agencies conducting operations in the Charlotte area, including arrests and raids in neighborhoods and public spaces. While we do not have information indicating that multifamily communities are being specifically targeted, some members may encounter federal agents on or near their properties.

To support you and your onsite teams, we are sharing guidance based on the National Apartment Association’s recent resource update on Immigration Enforcement and Rental Housing. The following is not legal advice, and it is always a best practice to discuss with your legal team what your risk tolerances are for government scrutiny, what the potential liabilities are in every eventuality, and that you make these plans before any federal agents appear on your property so that you will be prepared in advance.

Key Points for Property Teams

1. Assess what Documents/Authorities Federal Agents are Claiming

• Are they requesting voluntary cooperation with no presentation of documents?
• Do they have an internal administrative subpoena?
• Do they have a civil subpoena issued in an active court case?
• Do they have a civil subpoena issued by a Judge?
• Do they have a civil administrative warrant?
• Do they have criminal grand jury summons issued by a Judicial Official?
• Do they have a criminal warrant issued by a Judge?
• Do you know how to tell the difference in the above questions just by looking at the document?

2. Federal Agents Requesting Access to Property

• Property staff are not required to grant access to federal immigration agents solely upon request.
• NAA guidance emphasizes that administrative immigration warrants (common in ICE/Border Patrol operations) do not authorize entry into private areas of a property, including individual apartment homes.
• Only a judicial criminal warrant signed by a judge may compel entry. Staff may ask to see the warrant and should document the details before taking action.

3. Requests for Resident Information or Records

• Do not release resident files, applications, lease documents, forwarding addresses, or other identifying information unless legally required.
• Ask agents for a subpoena or judicial warrant, and immediately consult legal counsel before providing any documents.

4. Fair Housing Obligations

• Immigration status concerns can intersect with protected-class issues.
• NAA cautions against any actions that could be perceived as discrimination or targeting residents based on assumed status.

5. Staff Preparedness

• Ensure onsite teams understand how to respond if agents appear:
• Remain calm and courteous.
• Request credentials and any warrant.
• Contact the property’s designated supervisor or legal counsel.
• Do not voluntarily escort agents to units or resident areas unless legally compelled.

Recommended Actions for GCAA Members

• Review and update your onsite protocol for federal-agent interactions.
• Train leasing, maintenance, and security staff on proper responses.
• Contact legal counsel who can advise on immigration-related enforcement scenarios.
• Consider preparing a resident communication, if appropriate, that is calming, factual, and respects resident privacy.

GCAA Support

The Greater Charlotte Apartment Association is monitoring this situation closely and will continue coordinating with NAA for updates. If you need:

• A sample onsite protocol,
• Staff talking points,
• Legal resource referrals, or
• A member briefing or Q&A session,

 If you have questions or concerns, don’t hesitate to reach out to our Director of Government Affairs, Keith Kelly, at keith@greatercaa.org.

For your reference, NAA’s full guidance is available here:
Member Resource Update – Immigration Enforcement and Rental Housing
https://naahq.org/news/member-resource-update-immigration-enforcement-and-rental-housing

Important Disclaimer

This message is not legal advice. Every situation is unique and may require different actions depending on circumstances, documentation presented, or agency involved. If you encounter federal agents on your property or have questions about your obligations, please contact your legal counsel immediately.