As federal immigration enforcement activity has increased around the city, another Olathe institution has clarified its policy for interacting with ICE agents.
The Post obtained a memo the Olathe Public Library sent to employees this week, outlining protocols for if federal ICE agents were to come to a branch.
The libraries’ policies emphasize that its role is to provide access to information and services and protect customers’ privacy. The document also states that staff are not responsible for enforcing federal law.
If ICE comes to a library branch, Olathe Library staff are instructed to “remain calm and professional” and not to interfere, according to the memo.
“Staff should not obstruct, argue with, or attempt to physically stop any law enforcement officer,” the document says.
Guidelines for recording agents, disclosing patron info
The guidance goes on to say that federal officers are allowed to enter public areas of the library’s buildings, including lobbies and reading rooms. However, agents will need authorization from library administrators to go into staff-only or other restricted areas, the memo says.
The memo tells staff to “politely ask the officer to identify themselves and state the purpose of their visit.” It goes on to say that any interaction with ICE agents should be done “calmly and respectfully.”
Only library administration is permitted to review and interpret the validity of any warrants or court orders federal agents may produce. The document says library officials may contact the Olathe city attorney, if needed, in response to a warrant.
The memo says library employees are not to share personal information or library records of customers or staff, including names, addresses, circulation records or computer use.
Kansas law says that, except when required by statute, library “material contributed by private persons” and “library patron and circulation records that pertain to identifiable individuals” do not have to be disclosed.
Staff are also told not to record or document the ICE agents except for filing a library incident report “as soon as practical.”
“Any staff member who refuses to follow the protocol or acts outside their role would be subject to the City’s normal HR and disciplinary processes just like in any other instance,” the document says.
“Standard” protocol
In a statement to the Post, Olathe city spokesperson Cody Kennedy said Olathe Public Library’s protocol outlining how staff should engage with federal law enforcement was “standard.”
“The protocol is designed to protect patron privacy, ensure staff safety and maintain consistent operations,” he said in an email.
The guidelines sent to staff this week do not state to what extent library administration would comply with requests for records or access to restricted areas from federal immigration enforcement agencies. The shared document says administration will determine “whether access to non-public spaces or records is permitted.”
The American Library Association has recommended protocols for what to do if any law enforcement, including ICE, requests library records. It says that the library’s legal counsel should be immediately contacted if a search warrant is presented.
“If the officer will not wait for legal counsel to arrive, you may assist the officer in locating the items or records identified in the search warrant in order to prevent review of other users’ records or items not named in the warrant,” the association’s guidelines say.
A library employee who wished to remain anonymous told the Post that the Olathe Public Library created the policies after multiple patrons asked what its protocol was.
On Feb. 13, ICE agents were seen at Olathe’s Boys & Girls Club, prompting volunteers to surround and monitor the building. The next day, ICE agents detained a teenager in an Olathe Walmart parking lot. Video of the incident, which shows agents handcuffing the teen and pinning him to the ground, was shared widely on social media.
Other city policies
The internal policy comes amid increased local attention on federal immigration enforcement, particularly in Olathe.
Both the city and Olathe Public Schools have released statements clarifying how they would interact with federal immigration authorities.
Earlier this month, Olathe Public Schools sent a letter to families stating that the district doesn’t enforce federal immigration laws and that its primary objective is to educate all students.
In its letter, the district said it will not disclose education records without a court order.
Anyone who visits the school is required to show valid identification, the district says. If immigration agents come to a school — which the letter says is “unlikely” — office staff will tell the district’s Safety Services department, who will go to the school and work directly with the agents “to minimize disruption to the school day.”
Likewise, Olathe Police Chief Mike Butaud earlier this month said the city’s police department has partnered with federal agencies but is “not authorized to enforce federal immigration laws.”
The U.S. Attorney for the District of Kansas released a statement last week saying that interfering with ICE agents can constitute a felony under federal law.
