Companion Information in support of New York State Guidance on Safeguarding the Rights of Immigrant Students
The New York State Education Department and the New York State Library are committed to safeguarding the rights of individuals including both citizens and noncitizens. This information highlights and clarifies relevant resources for public and association libraries to support efforts to safeguard immigrants and noncitizens, considering recent threats of increased federal immigration actions in our communities. While the information does not address local policies that may afford additional protections, libraries should be aware of all policies, regulations, and laws governing their operations. To the extent that questions arise regarding compliance, we encourage libraries to contact their regional public library system or the New York State Library.
Free Direct Access and Minimum Standards for Public Libraries
Free Direct Access in accordance with Commissioner’s Regulations §90.3, ensures the broadest possible access to information for all New Yorkers, regardless of circumstance. Library card eligibility and access to services should never be determined by an individual’s immigration status. Library policies that thwart equal access to resources may expose libraries to legal liability and undermine the role of public libraries. Each public library system has a state-approved free direct access plan which outlines these responsibilities, and every library must comply with the plan to receive state aid.
Additionally, libraries must also comply with Commissioner’s Regulations §90.2, Standards for Registration of public and association libraries or commonly known as “minimum standards," to maintain their library registration. Minimum standards for public and association libraries require that every library has a community-based long-range plan that outlines their commitment to providing equitable library access to all residents and written policies for its operation.
To ensure that all residents are welcome in New York’s public libraries, we remind libraries that they must work to break down any discriminatory barriers to library services including those that discourage immigrant residents from accessing library services. Libraries should consider all federal and state human rights laws and laws protecting personal information when considering their policies for registering for a library card. Libraries should therefore consider various proofs of residency for library card eligibility and make the list of acceptable forms of documentation publicly available. Libraries should not request a Social Security Card, a Social Security Number, or any information that would reveal the immigration status of an individual.
In addition to the patron record, any records retained as part of the registration process could be subject to a subpoena, and it is recommended that documentation used to verify library card eligibility not be retained. Moreover, libraries are obliged to provide access to library services for individuals experiencing homelessness or living in temporary housing, including migrant shelters. Libraries should review their policies and practices to ensure that individuals experiencing homelessness may also use their public library.
Protecting Confidentiality of Library Records
Civil Practice Law and Rules (CPLR) §4509 prohibits access to any library record that contains names or other personally identifying details or that links the name of a library user to any library material, information request, or any other use of the library. Libraries are obligated to protect patron confidentiality, and with that, libraries are encouraged to collect as little personally identifying information as possible and should consider practices around library card eligibility, computer usage, program registration, and other activities that might involve the collection of personal data.
Libraries may not provide library patron records to federal or local law enforcement officials unless presented with a judicial order or lawfully issued subpoena. If a federal or local law enforcement official requests library patron information, a library should not disclose the information and should instead request a subpoena or other documentation upon which the request is based. Upon receipt thereof, the library should refer to their Law Enforcement Inquiry Policy and contact their attorney before disclosing any patron information. See the intellectual freedom, censorship, and privacy section of the Handbook for Library Trustees of New York State (2023 Edition) for more information about patron privacy and related policies.
In addition, we recommend that libraries:
- Review their policies around library card applications, computer use, and the management of patron records.
- Review practices to ensure that the library is not collecting information that may inadvertently disclose a library patron’s immigration status. This may include place of birth, nationality, or passport information.
- Libraries are encouraged to develop policies that limit the amount of personally identifying information collected and retained. In general, it is best practice to limit the personally identifying information collected or retained to minimize the library’s liability against data breaches.
- Ensure library staff, trustees, and contractors are informed of library policies and trained in practices required to support these policies.
Appendix: Resources
Governor’s Office Resources for New Yorkers
- The New York Office of New Americans assists immigrants in accessing and navigating free services and supports through its statewide network of community-based providers.
- The New York State Office of Children and Family Services provides resources for students experiencing homelessness.
- The New York State Division of Human Rights provides resources for individuals who experience discrimination based upon race, color, national origin, gender, religion, age, disability, sexual orientation, or other protected classifications.
Office of the New York State Attorney General Resources
- File civil rights and hate crime complaints with the Office of the New York State Attorney General.
- Know Your Rights: Immigration Services Fraud includes information on attorneys or accredited representatives for immigration related proceedings and resources on avoiding immigration services fraud
- The Office of the Attorney General has information about the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) including the significance of the law, types of security breaches covered, and more.
Other Resources
- Check with your Public Library System Director for help understanding other local and regional laws, policies, and resources.
- Refer to the Handbook for Library Trustees of New York State (2023 Edition) to review your obligations as a library trustee.
- The Office of New Americans hotline number is available for anyone looking for referrals to legal services or other support. Call 1-800-566-7636, Monday to Friday, 9 AM – 8 PM. All calls are confidential and information is available in 200+ languages. The Office of New Americans also provides Know Your Rights resources.
- The Immigrant Legal Resource Center provides some resources for making Red Cards available to your community.
For questions regarding this information, contact the New York State Library at statelibrarian@nysed.gov.