Monday, Feb 10, 2025 | By Douglas Zucker | Read Time: 4 minutes | Library Law

With all of the recent attention the federal government is placing on immigration enforcement, and the seemingly random raids of businesses and other locations, many of our library clients have asked what they should do to be prepared.

Our clients have also asked how Directors should respond to questions from their staff about what they can and cannot do if ICE immigration enforcement agents should come to their library. 

We put together some guidelines to assist you, which are focused primarily on libraries, and not on the individuals targeted by ICE.

Table of Contents show

Be Prepared

  • All library employees must be legally eligible for employment in the US.
  • Make sure you have signed I-9 forms for all library employees on file, preferably with a copy of supporting documentation attached.
  • Keep all I-9s in a separate folder, rather than in individual personnel files, in case you need to produce them because ICE/Immigration agents have the right to request to see your I-9 records.
  • Educate library staff on the rights and responsibilities set out below.

What Can You Say/Do

  • Immigration agents can enter public areas of your library without permission, the same as any other person. 
  • If immigration agents come into your library, treat them the same as your local police or any other law enforcement officers.
  • Do not interfere or engage, unless you have a reason, such as if they are disturbing patrons, particularly if in violation of your patron code of conduct.
  • Even if they are not disturbing anyone, you may ask the officers or agents why they are there or if you can help them. 
  • If an agent identifies as an immigration/ICE officer, you may ask to see their badge/identification.  If you are unsure if the officer is an immigration agent, you may ask what agency they represent and specifically if they are federal immigration agents.  You can do a quick on-line search if you want to confirm the authenticity of the badge/identification.

Searches and Access To Non-Public Areas

  • If an immigration agent asks if they can search your premises, you have the right to say “no.”  However, they still have the right to walk around public areas of the library.
  • Agents generally do not have the right to search your premises without your consent, unless they have a valid warrant, or probable cause, but if an officer or agent decides to search your library’s premises anyway, do not resist, but you may tell them:  “I do not consent to a search.”
  • ICE/immigration agents do not have the right to enter non-public, staff-only areas, except if the library gives them permission to enter, or the agent has a warrant or probable cause; only an authorized representative (Director, Asst. Director, manager, supervisor) should be able to grant or deny permission for ICE agents to enter non-public, staff areas.
  • Libraries should have signage marking staff-only, non-public areas, in order to keep all unauthorized persons out of those areas, including patrons, ICE agents, First Amendment auditors and anyone else you do not want there.  
  • Immigration agents can enter a private area only if they have a judicial warrant or if exigent circumstances exist.  An exception for exigent circumstances may exist in an emergency, such as a threat to public safety or a threat to someone’s life.  
  • If agents try to enter a private area, you may say:  “This is a private, staff-only area.  You cannot enter without a judicial warrant signed by a judge.  Do you have a judicial warrant?” 
  • If agents say they have a judicial warrant, ask for a copy and read it.  A judicial warrant must be signed by a judge and “U.S. District Court” or “Superior Court of New Jersey” should be printed on the document, generally at the top. 
  • An administrative warrant, which is issued by an administrative agency, alone does not give agents the right to enter private areas without your permission.  Administrative warrants are not from a court.  ICE/Immigration administrative warrants generally list “Department of Homeland Security” and are on Forms I- 200 (Warrant for Arrest of Alien) or I-205 (Warrant Of Removal/Deportation) – these forms may authorize agents to arrest individuals, but not to access non-public areas of a public library. 

Rights of Agents vs. Individuals

  • Just because agents are permitted to be in the public portion, that does not give them the authority to stop, question, or arrest a particular individual – they still need to have probable cause or the individual’s consent. 
  • If an agent approaches an individual, that person may say, “I wish to remain silent. I wish to speak with an attorney as soon as possible.” 
  • If an agent approaches an individual and they do not speak a language the individual understands, the individual may ask for an interpreter. 
  • If immigration agents enter the library, library staff must not interfere with their law enforcement activities, but they may document the agents’ activities, including recording. 

Immigration and Local Law Enforcement

  • The New Jersey Immigrant Trust Directive limits the type of voluntary assistance that New Jersey law enforcement officers—state, county, and local—may provide to federal immigration authorities. 
  • New Jersey law enforcement officers generally may not stop, question, arrest, search, or detain any individual solely based on immigration status. 
  • They also may not inquire about the immigration status of any individual and they generally may not participate in civil immigration enforcement operations. 
  • The Immigrant Trust Directive has several exceptions and exclusions – it does not restrict or prohibit New Jersey law enforcement officers from enforcing criminal laws of New Jersey or complying with valid judicial warrants or other court orders. 
  • Information about the Immigrant Trust Directive is available at https://www.njoag.gov/trust/. 
  • To report a potential violation of the Directive, contact the relevant police department or the county prosecutor’s office. 

If you have any questions or comments, please don’t hesitate to contact us.

Douglas S. Zucker, Esq.

629 Parsippany Road, P.O. Box 0438, Parsippany, New Jersey 07054

Phone 973-403-1100

Direct Dial 973-602-3876

Fax 973-403-0010

Cell 973-919-7259

[email protected]

www.weiner.law