Pursuant to your request, we updated the guidance we provided to RAILS in January 2025 that responded to questions raised by RAILS member libraries regarding how they should interact with Immigrations and Customs Enforcement (“ICE”) officials. Since the current administration took office in January 2025, new issues surrounding immigration enforcement and libraries have quickly arisen. We have expanded on previous responses and we have added additional guidance based on recent questions that we have received.
In providing this guidance, we want to provide a significant caveat at the outset because we do not yet know the scope and nature of additional and future changes the current administration may make in the coming months, whether by law or executive order, to try to supersede state law, whether that be the Illinois Trust Act or even the Library Records Confidentiality Act. We say that because the U.S. Department of Justice recently issued a memorandum directing federal agencies to identify state and local laws and policies inconsistent with the current administration’s immigration initiatives and to take legal action to challenge those laws. As a result, we do expect there may be additional follow-up as we learn more about how the federal government intends to conduct their proposed ICE operations.
What information is a library required to provide ICE if it requests patron records?
Illinois public libraries are bound by the provisions of the Library Records Confidentiality Act (“LRCA”). Under the LRCA, all information contained in registration and circulation records of a library are confidential information, and may not be published or made available to the public. 75 ILCS 70/1.
However, there are two exceptions under the LRCA when a library is allowed to release patron registration and circulation information: (1) when required to do so under a court order, a library may disclose registration or circulation records; and (2) when a law enforcement officer represents that it is impractical to secure a court order as a result of an emergency where there is probable cause to believe that there is an imminent danger of physical harm, a library may only disclose information limited to the identifying information of a suspect, witness, or victim.
The LRCA does not define “law enforcement officer” for purposes of the “imminent danger” exception of the LRCA. ILCS 70/1(2). However, the Illinois TRUST Act (which prohibits local law enforcement from enforcing federal civil immigration laws) defines law enforcement officials independently from immigration agents. 5 ILCS 805/15. Because the LRCA does not expressly include “immigration agents” under the “imminent danger” law enforcement officer exception, we think it is reasonable to interpret the Act to allow disclosure of registration and circulation records to ICE officials only under the other exception, which requires a court order.
The LRCA defines “registration records” as any information a library requires a person to provide in order for that person to become eligible to borrow books or other materials. This would likely encompass a library patron’s name, address, phone number, and similar information. The LRCA defines “circulation records” as all information identifying the individual borrowing particular books or materials. This would include a patron’s internet browsing history on a library computer.
If a library is contacted by ICE, and ICE requests information contained within protected registration or circulation records, the library should explain that they are prohibited from releasing such information under the LRCA without a court order. If ICE does present a court order for a library patron’s registration or circulation information, the library should immediately contact their legal counsel so that legal counsel can review the order or warrant to ensure its validity and its scope, and assist the library with complying.
Does ICE have to produce a warrant when requesting patron records?
ICE must have a judicially signed warrant or court order to lawfully review a library patron’s registration or circulation records. ICE may produce an administrative warrant; these are warrants prepared and issued by ICE officials rather than warrants reviewed and issued by a judge. Administrative warrants do not hold the same weight as a judicial warrant or court order and legal counsel should be contacted to review any warrant or court order provided by ICE before releasing records protected by the LRCA. An administrative arrest warrant authorizes ICE officials to arrest the individual named in the warrant, but it does not authorize ICE officials to enter private areas, inspect documents, or seize records/items from a library.
Does ICE have to produce a subpoena when requesting patron records?
ICE officials must provide a judicial subpoena that provides, in part, the court and case number. Judicial subpoenas require the production of materials by a specified time and date, so immediate production is not required. An administrative subpoena, similar to administrative warrants, are issued by immigration officials. Libraries are generally not required to comply with an administrative subpoena unless a court order accompanies the administrative subpoena or a court compels the library to comply with the administrative subpoena.
Can ICE obtain records under the Patriot Act?
No, ICE may not obtain records under the Patriot Act. The Patriot Act, and the additional Acts that reauthorized many of the provisions of the Patriot Act, provide enhanced authority for the FBI to conduct surveillance activities relating to international terrorism or clandestine intelligence activities. This enhanced surveillance authority was only provided to the FBI, not to ICE. Although the provisions of the Patriot Act that allowed the FBI to conduct these enhanced surveillance activities were somewhat limited by the 2015 USA Freedom Act, the FBI does still have the authority to compel a library to turn over records if they obtain the necessary court order. However, under the 2015 USA Freedom Act, any FBI application for an order requiring the release of library circulation records or library patron lists must be approved by the Deputy Director of the FBI or the Executive Assistant Director for National Security, a much higher level of approval than was previously required under the Patriot Act.
How quickly does a library have to respond to a warrant or court order?
This will generally depend on the specifics of the warrant or court order that is presented by ICE or other law enforcement officials. If ICE or other law enforcement appears with a warrant, the library should contact their legal counsel immediately so that legal counsel can review the warrant and advise the library on how to comply.
Can ICE enter our building to conduct a search for illegal immigrants?
Yes, ICE may enter a public library and conduct a search for illegal immigrants. Generally, ICE should present a search warrant to the library showing their authorization to conduct the search. However, the majority of a public library will be considered a public place, and ICE officers have the same rights to enter public places as everyone else does. In fact, ICE officers are authorized under the Code of Federal Regulations to enter any area of a business or other activity to which the general public has access without a warrant, consent, or any particularized suspicion in order to question any person whom the ICE officer believes to be an undocumented immigrant concerning his or her right to be in the United States. 8 C.F.R. §287.8(f)(4).
It is important to note that prior to the current executive administration taking office, ICE operated under a 2011 policy titled “Enforcement Actions at or Focused on Sensitive Locations.” Under that policy, ICE would refrain from conducting arrests, searches, surveillance, and interviews at or near sensitive locations including, but not limited to (1) schools, colleges, universities, and other institutions of learning; (2) hospitals; (3) churches, synagogues, mosques, and other institutions of worship; (4) funerals, weddings, or other public religious ceremonies; and (5) a site during the occurrence of a public demonstration such as a rally or march. While public libraries were not expressly included in this list, given the nature of a public library and its similarities to some of the enumerated locations, it was likely that libraries would fall under the sensitive locations policy and ICE would refrain from taking any enforcement actions within a public library.
However, the Acting Department of Homeland Security Secretary recently repealed the sensitive locations policy. As a result, there are currently no limitations for ICE officials to take enforcement action within sensitive locations. The current administration’s policy repeal is likely to signify an increased presence of ICE officials at sensitive locations, which might include libraries.
As with any contact from law enforcement, a library may want to reach out to its legal counsel for assistance in determining whether a warrant or court order is required.
Can ICE enter meeting rooms and registration-required program rooms?
As stated above, ICE officials have the same rights to enter public places as everyone else. So, ICE can enter and access the areas of the library that are open to members of the public.
However, if a library has non-public areas where registration-only programs take place, it is not likely that those non-public areas would qualify as the type of public space that ICE has the right to access without a criminal warrant or court order.
Whether a library meeting room is considered a “non-public” area is a fact-specific analysis that may depend on how the library treats those spaces. These considerations might include, for example (1) Whether meeting rooms are secured or have signs limiting access; (2) whether access to meeting rooms require library assistance and/or approval; (3) whether access to meeting rooms is restricted to attendees who have signed in or pre-registered; or (4) whether the library has a policy that requires all meeting rooms to be open to the public. If libraries require persons to receive approval, register, sign in, or take some other action to use a library’s meeting room, that meeting room is likely not a “public space” as it is not open to everyone.
If, on the other hand, a library’s meeting room has been made open to the public without pre-registration or pre-approval, they generally would not be treated as non-public areas.
Can ICE or other law enforcement demand patrons provide proof of citizenship?
Technically, yes, ICE may question a library patron concerning their citizenship or other legal status to be present in the United States, which would likely include a request to show identification or proof of citizenship. 8 C.F.R. §287.8(f)(4). However, an ICE officer must have some basis to believe that the patron is an undocumented immigrant, and ICE still must comply with all of the constitutional limitations placed on law enforcement with regards to impermissible searches and seizures. Library patrons also have rights when being questioned by ICE, such as the right to refuse a search without a warrant, the right to remain silent, and the right to simply leave the library unless they are placed under arrest.
Can ICE demand that a library provide proof of citizenship for its staff?
Yes, ICE may require the library (as an employer) to provide proof of citizenship for its employees by presenting completed I-9 forms for inspection. No subpoena or warrant is required for ICE to review a library’s I-9 forms. However, ICE must provide the library with 3 business days’ notice prior to inspecting a library’s I-9 forms, unless ICE presents a warrant or subpoena for the records. 8 C.F.R. §274a.2(b)(2)(ii). If a library receives a request to review I-9 forms, it may want to reach out to its legal counsel for assistance. A library should not produce its I-9 forms to ICE agents when they first appear on site.
Can ICE collect passport applications a library may have on file?
No, ICE may not demand that the library turn over or allow them to review the library’s passport applications on file unless ICE presents a judicial warrant or other court order requiring the library to release those records.
How should libraries process records requests from ICE?
A public body should generally treat all requestors the same, including requests made by ICE or other federal agents. When records responsive to a FOIA request contain exempt information, a public body may redact the exempt information and disclose the remaining non-exempt information. A common redaction under FOIA is private and personal information including without limitation: residential address, race, date of birth, social security number, immigration status, personal phone number, private email address, driver's license number, private medical records, private financial records, etc, and, of course information in registration and circulation records that are protected by the LRCA. However, a public employee’s name, position, schedule, and salary is generally considered public information subject to disclosure.
Should libraries have procedures in place to prepare for visits from ICE?
Yes, having procedures in place will help staff feel more prepared and comfortable in the event ICE agents visit their library. Internal procedures will also streamline the interaction with ICE agents by ensuring library staff are properly informed on how to handle these interactions. Library boards should adopt procedures that fit best for their library organization and staff members, but we have provided suggestions for these procedures below:
- Front-line staff will likely be ICE agents’ first point of contact in libraries. It is best practices for supervisory staff to handle any interactions with ICE agents. Therefore, libraries should issue front-line staff with (i) its internal procedures for interactions with ICE agents and (ii) the names and contact information of supervisors (and potentially designated back-up supervisors) that should be contacted in the event ICE agents visit the library. These procedures may advise front-line staff as follows:
- To ask ICE agents for their names, credentials, and any documents they may have (warrants, subpoenas, etc.) and directing front-line staff to either photocopy these materials or to document these materials in writing
- To direct front-line staff to ask the agents for the purpose of their visit so staff can communicate that information to their supervisors.
- Front-line staff’s interactions with ICE agents should be minimal – they should not offer any information regarding library patrons or staff or produce any library records to agents. Further, the procedures should advise front-line staff to stay calm and be professional.
- Once a supervisory staff member arrives, if immigration officers have a subpoena or warrant, the supervisor should ask the agents to wait for him/her to contact the library’s legal counsel to review the documents. Generally, supervisory staff should not provide any records or information on the spot to ICE agents that is not required to be prominently displayed under the Freedom of Information Act, such as the library’s operating budget or the approximate number of part-time and full-time employees. Supervisory staff should not argue with agents or take it upon themselves to attempt to interpret the law and/or any legal documents.
Can libraries ban ICE from their property?
No, libraries may not ban ICE agents from library property. As provided above, libraries are public places and ICE agents have the same right to enter public places as the general public without a warrant or consent or any particularized suspicion in order to question any person whom the ICE officer believes to be an undocumented immigrant concerning his or her right to be in the United States. 8 C.F.R. §287.8(f)(4).
Can libraries prohibit ICE agents from using the library parking lot as a staging area/ processing location/ operations base?
There has not been any caselaw on this issue, so this analysis may change, but there is a legal basis for libraries to prohibit the use of their public parking lots for immigration enforcement operations as immigration enforcement operations is not an intended use of the parking lots. Libraries could post signage at its parking lots stating that the library owns the parking lot and that the use of the parking lot is limited to parking for library purposes only.
Can library staff shelter patrons in the library or escort patrons out of the library in the event ICE agents show up?
Library staff should refrain from sheltering patrons in non-public areas of the library or escorting patrons out of the building. These actions may constitute interfering or impeding ICE agents while they are engaged in their official duties and could lead to criminal prosecution.
Should libraries keep records of interactions with ICE?
Yes, best practices for libraries would be to track and retain the following information:
- Request identification from ICE officers or agents and photocopy that identification;
- Request the order or warrant presented by ICE and photocopy that document;
- Take notes of ICE’s requests or purposes for being present in the library and consult with legal counsel if necessary.
- Summarize ICE agents’ visit in writing with the date/time of the visit; any verbal requests; any documents ICE agents provide to the library.