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Federal Immigration Authority Contact Policy

This Federal Immigration Authority Contact Policy is intended to comply with C.R.S. § 24–74–101 et. seq. and C.R.S. §24-74.1-101 et. seq. This policy outlines the main features of those laws and the application of them by Pikes Peak Library District (“PPLD").

I. Colorado’s Civil Rights Immigration Protection Statutes

The major provisions of the state’s Civil Rights Immigration Protections statutes are as follows:

Personal Identifying Information Disclosure Prohibitions. C.R.S. § 24-74-103(1) prohibits employees of political subdivisions of the state (such as PPLD) from disclosing or making accessible, personal identifying information that is not otherwise publicly available for purposes of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and 8 U.S.C. § 1325 or 1326, except as required by state and federal law, or unless the information is necessary to comply with political subdivision duties or with a court-issued subpoena, warrant or order.

Compliance With Criminal Investigations. C.R.S. §24–74–103(2) requires that C.R.S. §24-74-101, et. seq not interfere with criminal investigations or proceedings that are authorized by judicial process, or to restrict a political subdivision employee from fully investigating, participating in, cooperating with, or assisting federal law enforcement agencies in criminal investigations. Records released pursuant to the following do not violate C.R.S. §24-74.1-102:

  1. A subpoena issued by a federal judge or a federal magistrate.
  2. An order issued by a federal judge or a federal magistrate.
  3. A warrant issued by a federal judge or a federal magistrate.
  4. The consent of a patron through a valid release of information.
  5. The consent of a patron’s parent or legal guardian through a valid release of information.

Reduction of Personal Information Collected. Employees of political subdivisions may not inquire into or request documentation to ascertain a person’s immigration status for the purpose of determining whether the person has complied with federal immigration laws, including civil immigration laws and 8 U.S.C. §1325 or §1326, except as required by state or federal law, or as necessary to perform political subdivision duties or to verify a person’s eligibility for certain government programs if verification is a necessary condition of government funding. More specifically, political subdivisions and their employees may not collect the following information:

  1. Place of birth
  2. Immigration or citizenship status; or
  3. Information from passports, permanent resident cards, alien registration cards, or employment authorization documents.


Required Procedures upon Request for Information. Upon a request for information from a federal official pursuant to the above, the first and last name of the person leading the federal immigration enforcement, employer, badge number, and a copy of the subpoena, warrant, or order issued by a federal judge or magistrate shall be requested by the political subdivision. An employee must be designated by the political subdivision and notified upon a request for access to information by federal immigration authorities. The subject of a request must be notified of the federal immigration authorities’ request for information.

Enforceability. A political subdivision that is found to have intentionally violated these provisions is subject to an injunction and is liable for a civil penalty of up to $50,000 for each violation.

II. PPLD’s Application

Personal Identifying Information Disclosure Prohibitions. Although PPLD retains records according to the Colorado State Archives Special Libraries Records Management Manual, it also protects personal information to prevent unauthorized dissemination.  

All personal information collected by PPLD is confidential, and PPLD will not provide any personal information to any outside authority or agency unless otherwise required by applicable state or federal law. Further, absent the required documentation issued by a federal judge or magistrate, PPLD employees will not facilitate access by federal immigration authorities to a patron who accessed or is accessing services offered by PPLD, or was or is physically present in a PPLD facility at the time of the request.

Compliance with Criminal Investigations. PPLD will comply with a federal immigration authority’s request for information and release records or provide access when authorities can provide at least one of the following:

  1. A subpoena issued by a federal judge or federal magistrate.
  2. An order issued by a federal judge or federal magistrate.
  3. A warrant issued by a federal judge or federal magistrate.

PPLD will also release records to federal immigration authorities when PPLD obtains:

  1. The consent of the patron concerned through a valid release of information; or
  2. The consent of the patron’s parents or legal guardian through a valid release of information.

A patron wishing to consent will need to fill out an information release form.

If a federal immigration authority is unable to meet any of the above requirements, or there is no valid consent/waiver on file, then the request for information or access will be denied.

Upon the receipt of such documents, or the receipt of a valid consent/waiver, PPLD will provide such information as is permitted in the warrant, subpoena, order or consent/waiver, including information about a patron’s parent, relative, or guardian.

PPLD will also provide or consent to the access of PPLD property that is not ordinarily accessible to the public, provided that authorities have provided documentation from a federal judge or magistrate allowing for such access. Individuals not employed by PPLD, excluding those working volunteers, shall not be allowed in staff areas, except when necessary for reasonable PPLD operations.  The requested information will be provided to the authorities in the form in which it was requested.

Reduction of Personal Information Collected. Although PPLD seeks to avoid or minimize the capture or storage of patron personal information, PPLD does collect certain residential and personal information in the process of applying for a library card.

In applying for a library card, distinctions are made based on residential status. Library employees may inquire into, as necessary, information regarding an individual’s place of residence in this process but shall not inquire into that individual’s place of birth, immigration or citizenship status, or information from passports, permanent resident cards, alien registration cards or employment authorization documents.

When collecting personal information from a patron in the library card application process or in any other situation, a PPLD employee or staff member shall not ask the patron about their immigration status for the purpose of determining whether the person has complied with federal immigration laws.

Procedures Upon a Request for Information. Upon receiving a request for information from a federal immigration authority, whether orally or in writing, PPLD employees will immediately notify the Director of Security at (719) 531-6333 x2505 (the “Designated Employee”).  The Designated Employee will ascertain whether the authorities possess any subpoena, warrant or order issued by a federal judge or magistrate, or whether consent exists to release the information. Until this can be confirmed, no information shall be released to any authorities. A request made without presenting any of the above shall be denied.

Once the request has been received, the Designated Employee shall:

  • Request and document the first and last name of the person leading the authorities, employer, badge number, and contact information, and obtain a copy of the subpoena, warrant, order or consent/waiver that allows access. All information obtained should be recorded in and placed with an incident report.
  • Report any request for information or access to the CEO’s Office, regardless of whether the request was denied.

Following a request by federal immigration authorities for information or access to a patron:

  • The CEO’s Office will communicate with the patron who was the subject of the request to make them aware of the request.
  • If the patron is under the age of 18, the CEO’s Office will communicate with either the parent, legal guardian, or relative of the patron about whom the request was made.
  • The employee who receives the request, or the managing librarian on duty, shall file an incident report containing, at a minimum, the details of the request, copies of any subpoena, warrant, order or consent/waiver provided, and the first and last name and contact information of the person leading the federal immigration enforcement, and his/her employer and badge number.