The relationship between HOA and ICE is a complex one to navigate, often involving privacy and data security concerns. What should an association board do when faced with a request from ICE for member information? Should the board immediately provide the requested details or hold off until confirming all identification?
HOA and ICE: What to Do
The U.S. Immigration and Customs Enforcement (ICE) is visiting homeowner associations to request information about residents or employees. The agency has recently been cracking down on the deportation of illegal immigrants with criminal convictions or charges. With that, HOAs and condo associations have been dragged into the mix.
Community associations must protect all member and employee data. The exception to this is when proper legal authority requires the disclosure of such information. As ICE knocks on the doors of associations, board members and managers should know what to do and how to respond.
Understanding the Rights of HOAs 
Before anything else, associations should understand their rights regarding access to private areas and voluntary interviews.
ICE agents must have a judicial warrant to enter private areas of the community. They can also access private areas if they obtain the explicit consent of an HOA representative, such as a board member or manager. Without permission or a warrant, the HOA is not required to grant ICE agents entry to these private spaces.
Additionally, HOA representatives are not obligated to answer questions from ICE agents. They are also not required to allow interviews unless they are legally compelled or fully informed of their rights and procedures. Even if some representatives feel a need to cooperate with ICE, they should speak with the association’s legal counsel before doing so.
What are the Types of ICE Requests?
There are two primary ways in which ICE typically requests association information: during Form I-9 audits and targeted enforcement actions. Let’s break these down below.
Form I‑9 Audits
ICE agents may request employee eligibility documents, as outlined in Form I-9. Regulations allow at least three business days to produce these forms after notice. Associations must verify workers’ authorization to work in the U.S., not immigration status.
Targeted Enforcement Actions
ICE may arrive with targeted aims, such as arresting a specific resident. Agents might seek tenant information, access to residences, or vehicle records from the HOA. Community associations must handle such requests carefully.
Verifying Legal Authority Before Sharing
Should an HOA cooperate with ICE when agents request access or information about residents or employees? Before doing so, it is essential first to verify the legal authority of ICE. Here are the ways an association can accomplish that.
- Ask for ID. Associations must request official ICE credentials to confirm the identity of the agents. Credentials include their names and badge numbers.
- Determine Warrant Type. Agents must present a judicial warrant signed by a judge before they can enter private areas or obtain private records. That warrant must specify which premises or documents are subject to search.
- Know What Administrative Warrants Do. ICE administrative warrants authorize arrest but don’t grant the power to enter private spaces or demand private records. Without a judicial warrant, associations are not required to share any information.
- Expect Rare Exigent Exceptions. Court cases allow warrantless entries only when evidence faces an imminent risk. That said, this type of circumstance is unlikely in typical HOA settings.
How to Protect the Data Privacy of HOA Residents
Should the HOA protect resident data from ICE agents? An association must not release the personal data of residents or employees without proper legal grounds. This is the general rule for the HOA and ICE.
The HOA must treat member and employee information as confidential. It must not share resident names, addresses, vehicle records, or employment history without judicial compulsion.
Unless there is a valid judicial warrant or subpoena, the HOA must refuse ICE requests for lists or individual information. The HOA has a responsibility to preserve trust, and information represents that trust between the HOA board and residents.
HOA and ICE: How to Create a Response Plan
A response plan serves as a guide for associations when faced with ICE requests. Here is how to develop a proper ICE response plan.
1. Assign a Point of Contact
Associations must assign a representative, typically a board member or staff member, to manage interactions with ICE. That person should receive proper training when dealing with ICE. This includes learning how to identify ICE ID, knowing warrant types, and understanding legal obligations.
By assigning a single point of contact, the HOA can ensure consistent and professional communication. This will also help reduce any errors when responding to requests.
2. Consult Legal Counsel Early
Legal counsel can help interpret federal and state laws, draft policies, and outline steps to follow during ICE visits. A legal professional can advise associations on which documents to retain, how to communicate with agents, and how to escalate unresolved issues in a legally compliant manner.
3. Maintain a Respectful and Calm Response
Board members and staff should always respond calmly and respectfully. This includes greeting agents politely and asking them to show credentials. Association representatives should also inform ICE that the HOA will review their request with the assistance of their legal counsel. If the agents have any concerns, they may also be referred to legal counsel.
4. Contact Local Authorities
If ICE attempts to force entry or escalate the situation, the association should contact local law enforcement. Remember that this is intended to maintain order, not hinder ICE action. The HOA should not interfere, but it may request assistance to verify authority or clarify protocols.
5. Don’t Obstruct
If an ICE officer tries to gain access without a valid judicial or administrative warrant, the HOA should not intervene. There are other legal options available to the association in such events.
6. Document Everything
It is crucial to create a paper trail for every interaction with ICE. Documentation should record everything, including but not limited to:
- Agent details, such as the name, badge, serial number, and contact info;
- Copies of the warrant or administrative order;
- A summary of the interaction, including the date, time, location, individuals present, and questions asked;
- How the HOA responded, including what info was shared, refused, and who gave consent; and,
- When the HOA contacted legal counsel and the follow-up.
Achieving a Balance Between HOA and ICE
An HOA must respect all legal mandates while also safeguarding individual privacy. It’s a delicate balance, one that takes knowledge to achieve. As interactions between HOA and ICE continue to grow, board members should understand the legal risks involved and develop a plan of action.
Cedar Management Group offers HOA management services, including legal assistance, to communities. Call us today at (877) 252-3327 or email us at help@mycmg.com to get started!
RELATED ARTICLES:
- What Constitutes An Illegal HOA Board Meeting
- HOA Resolution VS Amendment: What’s The Difference?
- Identifying And Mitigating Cyber Risks In HOAs
