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.
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The Orlando Law Group
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Jennifer Englert Schmitt Founder and Managing Partner
- March 24, 2025
- (407) 512-4394
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