VAAP talks ICE and housing on NBC5

Immigration enforcement sparks housing concerns in Vermont

For many, concerns over ICE enforcement extend beyond the workplace and into their homes. But legal experts say privacy laws provide protections against searches.

Updated: 5:51 PM EST Feb 4, 2025. Charlotte Hancox.

https://www.mynbc5.com/article/immigration-enforcement-sparks-housing-concerns/63667983

“Recent concerns over immigration enforcement are extending beyond workplaces and into homes, leaving many Vermont residents questioning their legal rights. Officials are working to ensure both tenants and landlords understand their protections when it comes to immigration enforcement.

“For many, the intersection of housing and immigration law creates uncertainty. However, legal experts emphasize that privacy laws provide significant protection, especially within the home.

“"Regardless of whether a person is a homeowner or a tenant, if someone is in the home, which is a private space, the Constitution makes very clear that a person's right to privacy is at its highest in the home," said Jill Martin Diaz, the executive director of the Vermont Asylum Assistance Project. "That includes a right to privacy from law enforcement conducting unreasonable searches or seizures."

“One of the biggest misconceptions surrounding ICE enforcement is that any warrant allows entry into a home. However, immigration law states that only a warrant signed by a judge grants that power.

“"If ICE comes knocking, there are two things I encourage people to think about," said Diaz. "People should know they have the constitutional right to privacy in their home, and that's where their privacy rights are strongest. You are not required to answer the door. If you do engage with the person on the other side, you can ask them to verify their identity and agency, and you can request to see a judicial warrant."

“While tenants have rights, landlords also play a role in these situations. Housing officials emphasize that landlords must adhere to clear legal guidelines when ICE arrives at their property.

“New protocols put in place due to growing concerns over ICE enforcement in Vermont

“"A landlord can allow anyone into public areas," said Steven Murray, the executive director of the Burlington Housing Authority. "However, entering an apartment is different. ICE will arrive with one of two types of warrants, one being a civil warrant, which does not grant them the authority to enter an apartment."

“Currently, under federal housing policies, landlords and housing authorities are not required to report undocumented residents.

“"That could change with policy shifts under a new administration," said Murray. "But as it stands right now, housing authorities are not required to provide ICE with information about a tenant's immigration status."

“Although Burlington housing officials said ICE enforcement is rare in Vermont, fear and misinformation continue to spread in many communities. Officials are urging residents to stay informed and know their rights to protect themselves.

“For more information on housing rights and immigration enforcement, local legal aid organizations and housing authorities encourage residents to seek guidance from official sources.

“You can learn more about those rights through organizations like Migrant Justice and the Vermont Asylum Assistance Project.”