Recently Asked Questions

I’d like to ask this as generally as I can so that the answers are as applicable as possible, but I’m writing from a small college library in NY, so I’d like to get a sense for myself and my staff about what our rights, obligations and protections for students and patrons are as Librarians in the event of a “visit” or raid by Immigrations and Customs Enforcement.

We haven’t received guidance from our institution and we’re a small place, but want to be prepared in case our students or staff are targeted.

What are we required to do? What is ICE currently allowed to do on a college campus or in a library? How can we protect our students from these actions by ICE?

I don’t know and wouldn’t ask about a student’s immigration status, but I know for instance that we have graduate assistants and Faculty who are here on visas and who are non-white.

Our organization has for many years now used a “DEI” internship program to bring people from under-represented communities into the library profession. With the new directives coming from the POTUS and various agencies in January 2025, should we stop this program?

Our library is supported by a school district tax levy. The levy provides the bulk of our annual budget. Out of the blue, the district has told us that rather than turning over the full amount of the levy (which it has done for years), the district will now pay over the money “as it is collected.” This could create a cash flow problem, since our remaining funds are budgeted for a construction project.

Is this “pay as you collect” approach legal? If it is legal, are there any options?

We were recently reviewing our reconsideration procedure and form. One of my trustees has completed a training on book bans and challenges. The presenter (Jamie LaRue) recommended that the library requires the book (or item) have been read (viewed or listened to) fully by the patron in order to submit a request.

It made sense to my trustee (and, personally, me) that, since we would now have to put in the time to read it fully, they should too. But, I was concerned if we could require that.

So, initially I checked with other directors, and I think only one said that they required it. Most, if not all ask, as we do. Another said they use the patron’s answer to help inform their own decision. Another said no, the patron would probably just lie. Another director wrote: “ALA OIF [Office for Intellectual Freedom] routinely advises libraries that: ‘The reconsideration process should be completed in its entirety and not subverted or ended prematurely, leaving the library open to legal challenge.’ So requiring that might open the library up to accusations of not completing the process, especially if that point was not explicitly covered within the reconsideration policy.” So, what are your thoughts?

I read the response to the question of whether certain types of libraries must abide by the minimum wage in New York (https://wnylrc.org/raq/minimum-wage-public-library-employees). This includes the mandatory minimum salary paid to professional employees in certain categories who are exempt from overtime, most of whom (in libraries) have master’s degrees. I have to admit, I’m really disturbed that any entity in NYS can get away with paying as low as the federal minimum wage, given what the cost of living has climbed to.

You state that this is legal [for certain libraries] but any library considering this option [should engage an attorney with malpractice insurance to review that library's status under the law and provide a written opinion pertaining only to that library] before embarking on this path. Can you also speak to the potential downsides of choosing to pay less than the NYS minimum wage and minimum exempt salary if you discover you are allowed to do so? Thanks so much.