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The ongoing activities throughout the U.S. by Immigration and Customs Enforcement (ICE) has been dominating the news cycle recently and concerns and questions are growing about what to do if you or someone you love has an interaction with ICE at your place of employment, school or inside your community.  Association boards face unique challenges in today's immigration environment. Should boards and their management professionals screen residents for immigration status? What about the employees of association vendors or the residents' employees? 

In this week’s Take It To The Board podcast, host Donna DiMaggio Berger sits down with immigration law expert Ira Kurzban (he literally wrote THE BOOK on Immigration Law) for a behind-the-scenes look at his Supreme Court arguments, current ICE enforcement tactics, and a comprehensive discussion on what could happen if federal agents arrive at private residential communities.

A personal story sets the stage as Ira shares how his father arrived alone from Romania at age 12. This profound connection to immigration fueled Ira’s decades-long legal advocacy, including arguing McNary v. Haitian Refugee Center before the Supreme Court – a landmark case that preserved judicial review of constitutional challenges to the immigration system.

The conversation shifts to practical concerns for community associations as immigration enforcement intensifies. Donna and Ira deliver clear guidance on Fourth Amendment protections, explaining the critical distinction between administrative and judicial warrants when ICE agents appear at association properties. They emphasize that private communities retain significant rights to verify warrants and protect resident privacy.

Whether you serve on a board, manage a community, or simply care about constitutional rights, this conversation provides essential insights for navigating the complex intersection of immigration enforcement and private property rights. Listen now to understand what's at stake when federal authorities knock on your community's door.

Conversation Highlights: 

• Why social media has significantly influenced both immigration policy and public perception of immigrants
• What key immigration reform Ira recommends for today’s policymakers and why it matters
• How certain countries are successfully balancing border protection with legal immigration and population growth
• Why board members and property managers should understand their legal rights and obligations when immigration authorities approach private residential communities
• What immediate, informed actions boards need to take if ICE arrives at a property to avoid facing legal consequences 
• How Ira prepared for and argued the landmark McNary v. Haitian Refugee Center case before the U.S. Supreme Court, and its impact on immigration law
• How immigration law is expected to evolve over the next 5 to 10 years and what factors will drive that change

Related Links:

• Article: Miami Herald Op Ed: In South Florida, when ICE comes knocking, how should your HOA react?
• Book: Kurzbans Immigration Law Sourcebook, 15th Edition
• Article: Becker Service Announcement: Florida’s New Immigration Law
• Biography: Ira Kurzban