https://www.oif.ala.org/libraries-and-immigration-enforcement/

“Introduction

U.S. Immigration and Customs Enforcement (ICE) is the law enforcement division of the Department for Homeland Security (DHS). ICE must operate in accordance with the Constitution, the Bill of Rights, and the laws of the United States. 8 U.S. Code § 1357 defines the powers of immigration officers and employees. The statute allows ICE agents to interrogate undocumented immigrants, or persons believed to be undocumented immigrants, about their right to be or remain in the United States, without a warrant. It also authorizes immigration officers to arrest any person in the United States when there is “reason to believe” the person is present in the United States in violation of federal immigration law.

ICE agents can employ two different types of warrants:

• Administrative warrants: These are issued pursuant to Section 287(g) of the Immigration and Nationality Act (INA) and are issued by an ICE official or agent. Because they are not reviewed or issued by a court of law, administrative warrants do not authorize ICE agents to enter or search residences or non-public areas of a business without express consent.
• Court-issued subpoenas and warrants: These are issued and signed by a judge or federal judicial magistrate and have the same force and effect as any other court-issued warrant. They may authorize ICE agents to enter non-public spaces without consent.

ICE agents may enter places open to the public, question people in public places, and conduct inquiries according to their statutory powers under 8 U.S. Code § 1357.

We recommend reading this additional in-depth resource on the difference between administrative warrants and court-issued or judicial warrants, “Warrants and Subpoenas: What to Look Out for and How to Respond,” from the National Immigration Law Center: https://www.nilc.org/wp-content/uploads/2020/09/2025-Subpoenas-Warrants.pdf

What about library privacy laws? 

When ICE agents make inquiries about library patrons, state laws and library policies concerning the privacy and confidentiality of library patron records still apply, including provisions that require law enforcement agents to present a court-issued subpoena, court order, or warrant to obtain patron information.

If an ICE agent shows up without any court-issued warrant and does not assert a statutory authority to act in the absence of a warrant (see 8 U.S. Code § 1357), generally, there is no legal obligation to turn over any information or records.

Exception: All employers, including libraries, must comply with the federal law requiring employers to verify the identity and employment authorization of each person they hire, including the requirement that the employer retain a Form I-9, Employment Eligibility Verification, for each employee. ICE agents may ask to inspect an employer’s I-9 forms without a subpoena or court order. Libraries that receive such a request should notify their legal counsel and ask for assistance while allowing the agent to inspect the I-9 forms in accordance with the library’s HR policies and guidance from their legal counsel.

What you can do to protect privacy in your library 

ALA has created a list of things that you can do to prepare your library for a visit from law enforcement, including ICE agents. If ICE agents visit your library, there are also guidelines for how to respond in the “During a Visit” section: https://www.ala.org/advocacy/privacy/lawenforcement/guidelines

For more information about immigration law, see the National Immigration Law Center’s “How to be Prepare for an Immigration Raid”: https://www.nilc.org/wp-content/uploads/2019/07/immraidsprep.pdf

Please note that this information is subject to change with new Executive Orders, legislation, and court orders. The information provided here may not reflect the most recent legal updates. Always consult with an attorney for advice regarding your specific situation.”

View and download a PDF of this information (last updated February 5, 2025):