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Library meeting addresses law enforcement in public places

Local officials say access to private areas of public buildings requires warrant

MARSHALL — As activity from Immigrations and Customs Enforcement increased in Minnesota, area residents had asked what happens if ICE or other law enforcement comes into spaces like public libraries, said Marshall-Lyon County Library director Michele Leininger.

“We know, because it’s been in the news a lot, both local and across the state, and across the country,” Leininger said at a library board meeting earlier this week. “There was also just a lot of curiosity – is this happening here, and are there worries that it’s going to happen?”

Leininger and other local officials said this week that while public places in Marshall are open to law enforcement or ICE, there are also some protections for non-public areas of places like schools or university residence halls.

“Most of our (library) building is public, and because of that, anybody can come in,” Leininger told library board members Monday. However, under Minnesota laws, data on a person’s library use, information requests or attendance at library programs is private. Law enforcement must have a court order or warrant to obtain library patron information.

“So if, for example, somebody came in and said, ‘I’m law enforcement, and I need to see what this person has checked out,’ or ‘Give me all the people who are checking out your Spanish language materials,’ I can’t do that without a court order,” Leininger said.

Leininger said that, as far as she was aware, there had not been ICE actions in Minnesota libraries. “I have not heard of any library that has had law enforcement, or a whole group of law enforcement come in looking for people,” she said.

Leininger told the Independent that there have not been many times when local law enforcement officers have come into the Marshall library. The most recent example she could think of was when Marshall Police had asked to see outdoor security camera footage after a report of a collision in the library parking lot.

Other examples of public buildings in Marshall include the Lyon County Government Center. Lyon County Sheriff Eric Wallen said law enforcement agencies are allowed in public buildings, including the Government Center and the Law Enforcement Center, and spaces like public parking lots. Wallen said law enforcement agencies are also allowed to make arrests in public areas like the Government Center.

Marshall City Administrator Sharon Hanson said access to public spaces in Marshall city buildings was also open to law enforcement agencies. However, if law enforcement wanted access to a non-public space in a city building, the city would consult its attorney. Hanson said that ICE had not been at Marshall city facilities, and the city hadn’t received any requests for access or for staging areas.

Marshall Public Schools Superintendent Jeremy Williams said that, while public schools are public buildings, during the school day Marshall schools are not open to the public. Visitors come in through secure entries and check in at school offices.

“My understanding is (ICE) is not coming into schools,” Williams said.

For an agency like ICE to enter an MPS school building, they would need to have a signed judicial warrant, Williams said. He said in that situation, they would also be directed to the school district office, and the district would work with its legal counsel.

“We want kids to feel safe here, and families to feel safe here,” Williams said. He said that school officials and staff have been working with families and parent student connectors to help answer families’ questions.

Williams said that while he thought families in the community were feeling scared, MPS has not seen a lot of students staying home from school.

Something that could potentially have an impact on Minnesota schools is a recent lawsuit brought against the Department of Homeland Security by two school districts and teachers union Education Minnesota. Education Minnesota, Fridley Public Schools and Duluth Public Schools sued DHS, claiming the agency violated the law when it changed a policy to allow immigration enforcement near “sensitive locations” like schools.

Williams said depending on its outcome, the lawsuit could have implications for other Minnesota schools.

The campus of Southwest Minnesota State University has a mix of public and private areas, said SMSU Associate Vice President for Advancement Nathan Polfliet. While spaces like lobbies, hallways and common areas open to the public are considered public areas, there are private areas that would require a warrant or authorization for law enforcement to access.

Examples of private areas at SMSU include residence halls, student rooms or apartments, athletic locker rooms or team-only areas, staff and faculty offices, and classrooms during scheduled instruction time, said Marcy Olson, senior director of communications and marketing at SMSU. Private areas require permission or a judicial warrant for entry, and any requests are referred to university Public Safety immediately, Olson said.

Polfliet said that SMSU’s Public Safety Department had not received any calls with concerns regarding the Department of Homeland Security on campus.

“Our priority is to maintain a safe and welcoming environment for students, faculty and staff,” Polfiet said. He said SMSU has provided students with information to help make them aware of their rights.

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