Gail Borden Public Library’s newly renovated KidSpace at its main downtown Elgin building was buzzing with activity Friday afternoon as families picked out books, did crafts and played games.
In a corner of the room, a Latino man sat with his toddler. He admitted that he wondered if it was wise to come to the library given all the U.S. Immigration and Customs Enforcement detentions taking place in the city.
His partner was worried, too, he said, and urged him to be careful when he decided to make the trip.
This is the new reality for many Latino families, who fear they could be taken into custody regardless of where they are or their status as an immigrant or a resident.
Elgin has become such an ICE target, with detentions occurring almost every day, the Elgin City Council felt compelled to issue a public statement pledging its support for its immigrant community.
“The mayor and city council are disheartened by the aggressive tactics of federal immigration enforcement, which are creating anxiety and uncertainty for many of Elgin’s residents, workforce and visitors,” the statement said. “(Elgin) remains committed to standing with its immigrant community” and rejects the tactics that “create fear, divide communities and make it harder for residents to feel safe when reaching out to police for help.”
Because the Gail Borden Public Library’s main and branch libraries in Elgin and branch in South Elgin are public facilities, nothing prevents ICE agents from coming inside to make arrests or being on their grounds, officials said.
Because library staff has received so many questions and concerns about the situation, they felt compelled to make sure the public was aware of its policies and procedures and what they cannot do and will not do, spokeswoman Natalie Kiburg said. A “public message” has been posted on the library’s website.
One thing they want to stress, she said, is they remain a welcoming place and library employees will not ask for nor will they collect any information on a patron’s immigration status.
“Gail Borden library does not assist or collaborate with U.S. ICE agents in any way unless we are legally obligated to provide information in compliance with a valid court order,” the online message says. “We also maintain the privacy of customer records per the Illinois Library Records Confidentiality Act.”
That said, “because the library is a public space, we are unfortunately limited in our ability to keep ICE agents from entering our parking lot and/or public areas of our buildings.”
If an ICE officer were to come onto library property and attempt to arrest and employee, a library official would ask for the person’s name, badge number and agency affiliation but they “will not provide any information or access to employee records without authorization” and they will “refer ICE officers to the library’s designated contacts,” the statement says.
If the library is presented with a warrant, officials will contact the library’s lawyer and “respond appropriately and in compliance with the law.”
The situation has caused similar problems for the Kane County Judicial Center in St. Charles, where ICE agents have been seen taking people into custody.
Kane County State’s Attorney Jamie Mosser said as a prosecutor, she has a job to protect the people of Kane County.
“But our justice system cannot function effectively if victims, witnesses, family members and defendants are afraid to come to the courthouse,” she said in an email.
“These ICE arrests risk deterring those who need the courts for protection from seeking help,” she said. “A major concern is the impact on immigrant victims and witnesses, who may now be reluctant to cooperate with investigators, provide information about crimes committed against them, obtain orders of protection or access programs for victims. We don’t want to be in a situation where we have to drop cases because victims see appearing in court as too risky.”
When someone breaks the law, they must be held accountable, Mosser said. However, deporting defendants before trial can make prosecution far more difficult, delaying or depriving victims and the community of justice, she said.
“I don’t think anyone wants people to get away with crimes,” she said in her email. “These actions compromise our ability to hold perpetrators accountable, especially those who prey upon victims from vulnerable immigrant communities. Ultimately, ICE’s actions at courthouses are actually harming our public safety goals.”
School District U-46 officials say their policy is ICE must show a judicial warrant when on school grounds. Agents cannot walk freely on school property to look for immigrants, according to a news release issued on the subject.
In the meantime, organizations like the Gail Borden Public Library are mobilizing in an effort to make sure immigrants know what they can and should do if confronted by an agent.
“We remain vigilant in the ongoing process of educating individuals about their rights, providing helpful resources and working with other community organizations to ensure that we keep up with any changes or alerts,” said Jean Bednar, president of the Gail Borden Public Library Board.
The library’s “first responsibility is to the people we serve,” Bednar said. “We are committed to supporting our community in every possible way that we legally can. No one should ever have to fear being in a public place, especially a public library.”
Gloria Casas is a freelance reporter for The Courier-News.
