Submission Date:
Question:
I’d like to ask this as generally as I can so that the answers are as applicable as possible, but I’m writing from a small college library in NY, so I’d like to get a sense for myself and my staff about what our rights, obligations and protections for students and patrons are as Librarians in the event of a “visit” or raid by Immigrations and Customs Enforcement.
We haven’t received guidance from our institution and we’re a small place, but want to be prepared in case our students or staff are targeted.
What are we required to do? What is ICE currently allowed to do on a college campus or in a library? How can we protect our students from these actions by ICE?
I don’t know and wouldn’t ask about a student’s immigration status, but I know for instance that we have graduate assistants and Faculty who are here on visas and who are non-white.
Answer:
This is a timely and important question.
Regarding the ability of law enforcement (including ICE, FBI, ATF, etc.) to enter a college or university campus: the administration will make that determination, and it will be based on many factors.
That said, by both state and federal law (Education Law 6434, and the Clery Act [20 U.S.C. 1092]), college and university campuses are supposed to have a relationship with local law enforcement, so some degree of cooperation with local police, a county sheriff, and the state troopers should already be in place. Many institutions, especially those close to borders or with particular security priorities, have established working relationships with the FBI.
Against that variable background, what happens within an academic library on campus (and in virtual spaces) is subject to further control.
To describe that and provide guidance, I have developed the below “GUIDE” that can be posted in academic libraries in New York State. The sections in yellow can be modified to fit your institution’s unique information. Feel free to use your own font (I am into Century Schoolbook these days, but Avenir Next has a quiet authority). You can also add additional protections and procedures; I have put in the bare minimum required by law and ethics.
NOTE: As will ALL templates, have your higher-ed institution’s lawyer review it first, whenever possible. They may have a few more considerations to add.
In addition to having clarity about the steps needed to demand student-related information, I want to encourage all academic librarians to stay calm. In the event you are asked for information about a student or colleague, follow policy and guidance (including what is below, if your institution decides to use it) and refer all inquiries to senior administration.
In the event of an enforcement action, one of the best things you can do is provide witness, and help that person get to a good lawyer. So, if you have extra adrenaline on this right now, using your librarian skills to assemble lists of legal aid and private attorneys with the right experience to help can be vital.
In summary: librarians at higher-ed institutions can’t control what campus policy is overall, but they can have clarity about the policy in the library. In addition, by attesting to what you see, and providing timely information to those who could be impacted, you are using your profession to ensure accurate information is timely applied. As of this writing (January 29th, 2025), helping your colleagues track accurate information about funded research and programs will help, too.
Thank you for thinking of your students and your ethical obligations as an academic librarian.
The Higher Ed Librarians’ of New York
GUIDE
To Responding to Law Enforcement & Others’
Requests for Library User Information
[INSERT YOUR LIBRARY LOGO HERE!]
FACT 1: “Library Records” in New York, including those held by higher education libraries, may not be disclosed to third parties without a duly executed subpoena, court order, or waiver signed by the library user, unless such disclosure is required for library operations (for example, reporting destruction of library property). [NY CPLR 4509]
FACT 2: “Library Records” in New York, including those held by higher education libraries, may not be shared with law enforcement (local, state, or federal) without a warrant, unless the library is the party filing the report (for example, reporting theft of library property).
FACT 3: At this library, a student’s Library Records are also confidential “Education Records” per the Family Education Rights Privacy Act (FERPA). While some records can be shared under FERPA, Library Records have an added layer of restriction (see FACT 1 and FACT 2).
FACT 4: The American Library Association’s Code of Ethics requires librarians to “protect each library user’s right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.”
BECAUSE OF THESE LEGAL AND ETHICAL OBLIGATIONS:
- Law Enforcement (local, state and federal): All requests for library user information will be referred to Campus [Safety/Security] or the [University/College’s] lawyer. Search warrants, subpoenas and court orders should be submitted directly to [position] for assessment, so prompt responses can be issued. Library workers are, by law and policy, barred from providing such information.
- Attorneys: All requests for library user information will be referred to Campus [Safety/Security] or the [University/College’s] lawyer. Subpoenas and discovery demands should be submitted directly to [position] for assessment, so prompt responses can be issued. Library workers are, by law and policy, barred from providing such information.
- Private Investigators: All requests for library user information will be referred to Campus [Safety/Security]. Library workers are, by law and policy, barred from providing such information.
- Faculty, Staff, Coaches, Advisors: All requests for library user information will be referred to the Library Director, who will assess the degree to which such information may be shared under FERPA and CPLR 4509. If a student has signed a FERPA waiver that includes disclosure of Library Records, please alert the Library Director, so the information that the student has agreed can be shared can be promptly provided. Library workers are, by policy, barred from providing such information.
- Information Technology (“IT”): All requests for library user information should be referred to the Library Director, including requests that could be fulfilled by IT. IT workers are, by law, barred from providing access to Education Records and Library Records without a FERPA waiver authorizing such access.
IN THE EVENT LIBRARY RECORDS OR INFORMATION RELATED TO LIBRARY USE IS DEMANDED DUE TO AN IMMEDIATE RISK TO HUMAN HEALTH (student or other), THE DIRECTOR OR LIBRARIAN IN CHARGE WILL WORK WITH OTHER [COLLEGE/UNIVERSITY] PERSONNEL TO MAKE A TIMELY DECISION BASED ON APPLICABLE LAW.
This Guide is posted and promulgated in the [NAME] Library to protect important privacy rights while promoting the orderly and safe operation of the campus.