Immigration Enforcement in Utah Libraries

In light of recent reports of increased immigration enforcement in Utah and across the nation, the Utah Library Association would like to reaffirm our commitment to the core values of privacy, intellectual freedom, and access to libraries for all Utahns, regardless of immigration status. It is crucial that library workers be prepared to uphold these values and ensure that libraries remain safe spaces for all. Protecting patrons’ rights is a fundamental responsibility of library staff. Below are some guidelines for responding to Immigration and Custom Enforcement (ICE) inquiries:

Know Your Legal Rights and Responsibilities

• Remain Calm and Professional: Politely but firmly request to see identification and documentation authorizing law enforcement presence. Be aware that ICE agents may legally question people and conduct inquiries in public spaces, even without a court-issued warrant.
• Require a Valid, Court-issued Warrant: Library records and user information are private and protected by law. Do not release any information without a valid subpoena or court order.
• Verify the Warrant: If presented with a document, review it carefully to ensure it is signed by a judge and specifies the information being requested. Seek legal counsel if needed.
• Contact Library Administration: Immediately notify the library director and legal counsel when approached by law enforcement.
• Do Not Provide Access to Private Areas: Unless presented with a valid, court-issued warrant, law enforcement should not be allowed in non-public areas of the library.

Educate Library Staff

• Conduct Regular Training: Ensure all staff members are familiar with library policies, legal requirements, and how to respond to law enforcement inquiries.
• Review Privacy and Record-Keeping Policies: Keep policies up-to-date and emphasize the importance of protecting user information.

Community Support and Advocacy

• Be a Safe Space: Reaffirm the library’s commitment to being a welcoming space for all community members, regardless of immigration status.
• Raise Awareness: Inform patrons about their rights when interacting with law enforcement.
• Provide Resources (see below): Share information on local immigrant advocacy organizations and legal resources.

Legal and Policy Resources

• American Library Association (ALA) – Office for Intellectual Freedom:
  ALA Guidelines for Libraries Responding to Law Enforcement
  Comprehensive information on library privacy laws, guidelines for responding to subpoenas and warrants, and best practices for safeguarding patron information.
• National Immigration Law Center (NILC):
  Know Your Rights: A Guide for Community Spaces
  Guidance on recognizing and responding to legal documents such as warrants and subpoenas.
• American Civil Liberties Union (ACLU):
  Know Your Rights: ICE and Law Enforcement
  Practical advice for individuals and organizations on responding to immigration enforcement.
• Immigrant Legal Resource Center (ILRC):
  Red Cards / Tarjetas Rojas
  Free, printable cards that explain people’s rights and protections under the U.S. Constitution.
• We Have Rights:
  https://www.wehaverights.us/
  An empowerment campaign to prepare for and safely defend our rights during encounters with ICE (in several languages).

These guidelines are not intended as legal advice. Please consult a competent legal professional for legal assistance.