Best Practices for Law Enforcement Requests  [EOHLC]

Issued on May 7, this guidance provides top line best practices that should be implemented for all requests from law enforcement at your local housing authority – regardless of if it is from a local, state, or federal agency.

 

Supplemental Information [MassNAHRO]

Below, please finds some additional information that your housing authority may find helpful.

Disclaimer: Please note that this does not constitute legal advice, nor does it cover every potential scenario in detail, or address variations in local law and policy. There may be laws, regulations, policies, contract terms, and myriad other considerations governing an entity’s behavior. If you have additional questions or wish to establish policies tailored to your local housing authority, we urge you to consult with legal counsel.

 

Establish “Law Enforcement Request Protocols”

• Identify “Supervisor-On-Call” (Executive Director or manager) for staff to contact if law enforcement arrives
• Remind staff of applicable state and federal privacy laws and their obligations
• Train staff on differences between warrants (or instruct them to call Supervisor)

 

Judicial Warrant v. Non-Judicial/Administrative Immigration Warrant

In EOHLC’s guidance, they noted the importance of recognizing judicial warrants vs. non-judicial warrants and how or whether to comply with each. [See graphic comparing the two]

Judicial Warrant

Your staff MUST comply with a judicial warrant immediately. Judicial Warrants MUST:

• Be signed by a judicial officer (judge or magistrate in this case); AND
• Describe the place to be searched, and/or the persons or things to be seized*; AND
• Have the correct date; AND
• Have been issued within the past 14 Days.

 

*Search Warrant is for the premises.  Arrest Warrant is for the person.

 

Non-Judicial Warrants/Documentation

• Department of Homeland Security Administrative Warrants: These warrants allow Immigration and Customs Enforcement officials to arrest non-citizens suspected of committing immigration violations. Unlike judicial warrants, these warrants do not grant the right to enter or search non-public areas of a facility unless consent to the search is given. They also do not require staff to provide any information – such as where the person sought may be.
• Notice to Appear: This document instructs an individual to appear before a judge. Notices to appear are specific to the person and not issued or directed at your organization. Your staff have no obligation to deliver the notice to the person named. Once identified as a Notice to Appear, staff should inform supervisor who should instruct the law enforcement agent that the authority will not answer questions, but they (agents) may leave contact information.
  • Authorized staff may, after review, say something such as “thank you, but we are not going to answer any questions, but please leave your contact information.”
• Subpoena: This document is a written request for information that must be provided in a certain timeframe. While not an arrest warrant, subpoenas are legal documents that must be responded to. If addressed to the housing authority, upon receipt, staff should maintain the subpoena and make a copy of it. Staff should further note the date the subpoena was served, how it was served, and by whom it was served. This information should be reported to the designated supervisor. Counsel should be consulted immediately upon receipt of a subpoena and before responding to such subpoena. Failure to respond to a subpoena can result in adverse legal action.

 

Public Access v. Resident-Only/Private Access

Additionally, EOHLC guidance notes that policies should be in place regarding “public” and “private” or “residents only” areas of your housing authority. In addition to having such policies in writing for staff and residents to review – these areas should be clearly marked with appropriate signage. By having easy to find and read signs, officers will be on notice of areas that they cannot access without an appropriate warrant or purpose.

 

Unaccompanied Minors

With the right authority, law enforcement could potentially remove a parent from the home leaving behind unaccompanied minors. This situation is like that of a parent experiencing an emergency and taken to medical facility. You should urge your residents to create family plans and reach out to the Department of Children and Families to establish a connection with them in case of any kind of emergency.