Limiting Authority to Consent for Entry or Records Review- State Libraries

Model Policy and Guidance for State Libraries: Limiting Authority to Consent for Entry or Records Review

Issued September 28, 2026

The Office of the Attorney General publishes this model policy and guidance for the state libraries. The intent of the policy is to ensure that these facilities remain safe and accessible to all state residents regardless of immigration status by limiting, to the fullest extent possible, consistent with state and federal law, voluntary consent for entry into nonpublic areas of the library by law enforcement officers for immigration enforcement purposes and disclosure of protected patron records held by the library to law enforcement officers for immigration enforcement purposes.

I. Definitions

A. “Law enforcement officer” means a person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions, or who is an adult probation supervisor.

“Law enforcement officer” includes the following federal officers who are authorized to carry firearms in the performance of their duties as federal law enforcement employees or officers[1]:

• Special Agents: A federal officer who is a special agent of the United States Secret Service of the Department of Homeland Security; and

• Immigration, Customs, or Border Security: A federal officer of an agency within the Department of Homeland Security that has administrative and enforcement jurisdiction over immigration, customs, or border security matters. This may include, for example, a federal officer within the United States Customs and Border Protection, United States Immigration and Customs Enforcement, or United States Citizenship and Immigration Services.

B. “Nonpublic area” means an area of a building or facility that the public is not free to enter or access and includes a restricted access area within a building or facility that is otherwise predominately open to the public. “Nonpublic area” also includes all areas within a building or facility during any time the building or facility is closed for operation.

C. “Protected patron record” means a record maintained by a state library or public library that is confidential pursuant to Title 27, section 121, subsection 1, because it contains:

1. A library patron’s personally identifying information, including but not limited to the library patron’s name, address, phone number, and e-mail address; or

2. Information that identifies a library patron as having requested, obtained, or used books or other materials, in any medium at the library, or provided by the library.

D. “Public library” means a library freely open to all persons that receives its financial support from a municipality, private association, corporation, or group and serves the informational, educational, and recreational needs of all the residents of the area for which its governing body is responsible.

E. “State library” means the Maine State Library, the Law and Legislative Reference Library, and any library of the University of Maine System, the Maine Community College System, and the Maine Maritime Academy.

II. Policies

A. Entry Into Nonpublic Areas

A person acting on behalf of a state library may not voluntarily permit a law enforcement officer to enter a nonpublic area of the state library for immigration enforcement purposes.

The library should ensure all library staff are informed of this policy, and that those staff persons have the name, title, and contact information of an administrator who has been designated to advise them in implementing this policy.

If a law enforcement officer presents at a state library and seeks to gain entry to nonpublic areas, the staff person should ask the law enforcement officer to identify their purpose for accessing nonpublic areas. If the law enforcement officer indicates an immigration enforcement purpose,[2] the staff person should ask the law enforcement officer to produce a court-issued warrant or any other documents the officer contends authorize access. The staff person should inform the officer of the need to consult with a designated administrator to review the warrant or other legal documents prior to allowing access to any nonpublic areas of the library. The designated administrator should review the documents presented and consult with legal counsel, as necessary, before giving direction to the staff as to how to respond.

If the law enforcement officer insists on accessing nonpublic areas without a court-ordered warrant or other valid order authorizing access under federal or state law, or before the designated administrator has reviewed the documents presented and provided direction to staff, the officer should be informed that the state library objects to the officer’s entry into the nonpublic areas. The staff should immediately inform the designated administrator but should not attempt to physically interfere with the officer or obstruct the officer’s entry into the nonpublic areas.

B. Access to protected patron records

A person acting on behalf of a state library may not voluntarily permit a law enforcement officer to access protected patron records for immigration enforcement purposes.

The library shall ensure all staff are informed of this policy, and that those persons have the name, title, and contact information of an administrator who has been designated to advise them in implementing this policy.

If a law enforcement officer seeks access to protected patron records, the staff person acting on behalf of the library should ask the law enforcement officer to identify their purpose for accessing protected patron records. If the law enforcement officer indicates an immigration enforcement purpose, the staff person should ask the law enforcement officer to produce a court-issued warrant or any other documents the officer contends authorize access under state or federal law. The staff person should inform the officer of the need to consult with a designated administrator to review the warrant or other legal documents prior to allowing access to any nonpublic areas of the library. The designated administrator should review the documents presented and consult with legal counsel, as necessary before giving direction to the staff as to how to respond.

C. Mandatory Compliance Activities

If required by federal law to permit the inspection of protected patron records or to conduct interviews regarding the eligibility of noncitizens to work in the United States or to attend school in the United States:

1. The state library shall designate a nonpublic area (see definition above) within the library where law enforcement officers may conduct these inspections and interviews; and

2. The state library may permit law enforcement officers to access a specific location to verify eligibility for employment or school attendance if the applicable federal law requires that law enforcement officers be provided access to that specific location within the library when conducting these inspections and interviews.

III. Mandatory Adoption by State Libraries