Policy and Guidance for Handling ICE Inquiries at the Library, Including Meeting and Study Rooms

Policy and Guidance for Handling ICE Inquiries at the Library, Including Meeting and Study Rooms

Purpose:

This policy establishes procedures for library staff to follow in the event of an inquiry or visit by Immigration and Customs Enforcement (ICE), ensuring compliance with legal requirements while safeguarding the rights and privacy of patrons and program participants, including users of library meeting and study rooms.

Special Considerations for Meeting and Study Room Users

1. Non-Public Area Status:
   • If a user reserves a library meeting or study room under policy 3.14 Meeting and Study Rooms, reserved classrooms, meeting rooms, or study rooms are restricted areas where the public is not allowed during a reserved time, and they are considered non-public areas of the library. ICE cannot enter these spaces without a judicial warrant.
2. Access Requirements:
   • ICE officers must provide a valid judicial warrant to access a meeting or study room while reserved for a non-library sponsored program or event. An administrative warrant or verbal request does not authorize entry.
3. Patron and Participant Privacy:
   • Under Illinois law and library policy, participation in non-library sponsored events is confidential, and no participant information, such as rosters or attendance, should be shared without a valid judicial order.

Step 1: Immediate Actions by Staff

• Remain Calm: Do not panic or escalate the situation.
• Notify Management: Immediately contact the Executive Director (or the designated backup) to report the situation.
• Request Identification: Politely request identification and ask the purpose of the ICE visit.

Step 2: Review of Warrants

1. Examine the Warrant:
   • Ensure it is a judicial warrant. A Judicial Warrant is signed by a judge and typically includes:
     • A clear signature from a judge.
     • Specific locations or individuals for the search/seizure.
     • Explicit authorization for non-public areas, such as reserved meeting and study rooms.
   • An Administrative Warrant is issued by ICE officers and does not require compliance. It may include:
     • A header such as "Administrative Subpoena."
     • A directive to produce documents or information.
2. Request a Copy of the Warrant:
   • Politely ask ICE officers for a copy of the warrant for your records.
   • If they refuse to provide a copy, take detailed notes about its contents, including any names, locations, or specific instructions.
3. Verify Scope:
   • Review what the warrant authorizes (e.g., specific areas to search or individuals).
   • Do not grant access beyond the warrant's scope, particularly into non-public areas like reserved meeting and study rooms.
4. Check for Errors or Irregularities:
   • Verify that the warrant includes accurate information, such as the correct address or name of the institution.
   • If there are discrepancies, inform legal counsel immediately.
5. Limit Access Until Verification is Complete:
   • Inform ICE officers that access to non-public areas will not be granted until the warrant has been reviewed by legal counsel.
   • Offer a designated public space where officers can wait while the warrant is being reviewed, if applicable.
6. Contact Legal Counsel:
   • Do not comply with the warrant until the Executive Director or the library attorney has reviewed and advised on it.
7. Escalate the Situation if Necessary:
   • If ICE officers insist on proceeding without proper authorization, document their actions and inform legal counsel immediately.
   • Avoid physical confrontation or obstruction but remain firm in requiring legal review of the warrant.

Step 3: After Regular Business Hours

• If the Executive Director is unavailable, contact the designated backup or legal counsel immediately.
• Designated Backup: Assistant Director, Board President, or Board Vice President
• Legal Counsel