No, the Library Did Not Tell Employees to “Capitulate to Fascism”

A story encouraging outrage against Seattle's public library wasn't true.

By Erica C. Barnett

A story posted Tuesday in the Burner—an online publication started by former Stranger writer Hannah Krieg—claimed that the Seattle Public Library was “capitulating to fascism,” as Krieg put it on X, by forbidding frontline workers from recording ICE raids in library buildings on their phones and telling them that ICE does not need warrants to barge in and make arrests.

Citing a memo titled “Protocols for Immigration Enforcement: Compliance and Readiness at The Seattle Public Library” as well as an all-staff email from library director Tom Fay, the post also claimed that library staffers can’t ask ICE for a warrant to make arrests, and that SPL will not protect any employee who’s arrested for allegedly interfering in an ICE arrest.

What’s more, according to the article (written by a guest writer but posted by Krieg) the memo itself was apparently written by someone every progressive hates—Republican City Attorney Ann Davison.

Banning staffers from asking ICE agents for warrants? Prohibiting people from recording arrests on their phones? It all sounds quite alarming—and it would be, if any of it was true.

The Burner, which represents itself as independent journalism with a lefty twist, seems to have forgotten the journalism part. I got a copy of the memo, which was not linked in the post, and it took about five seconds to realize that at least one of the statements the publication represented, between quotation marks, as quotes from the memo … is not actually a quote from the memo.

These misrepresentations would just be sloppy if the memo actually did tell library staff that ICE never needs a warrant or that people can’t record ICE on their phones, as the story explicitly claims. But the memo (which is 12 pages long) basically says the opposite, so the misquotes are really misinformation.

The false quote from the memo is “Do not record interactions on a phone.” In fact, the memo (and a followup email to staff from Fay) emphasizes that it is legal to record ICE interactions, but that employees should use their personal devices to do so and understand the risk that a cop might get excited (as they do) and decide to arrest them. Describing a shitty fact about police behavior is a far cry from the saying that the “City will not defend, support or represent them in any legal case,” which is how the article describes the policy. The memo does not say any of that.

“This guidance does not intend to to strip library staff of their citizen right to film law enforcement,” Fay wrote, adding a link to guidance on recording police officers from the Freedom Forum, a First Amendment advocacy group.

The story also says the memo directs staff that “warrants [are] not required” for ICE to make arrests. “[A]rrest warrants definitely are required except in limited cases (the memo does not acknowledged this),” the piece claims, contrasting the library’s policy unfavorably with a Seattle Public Schools policy that requires ICE to present a warrant before entering school buildings.

In fact, the memo dedicates several pages to the library’s protocol for barring ICE officers from all non-public spaces unless they can present a judicial warrant; explains the difference from a judicial and administrative warrant and notes that the latter isn’t sufficient; and gives staffers a script to use if an ICE officer tries to get into areas where they aren’t allowed without a warrant.

“Officers need a judicial warrant to enter and search non-public areas,” the memo says. (Emphasis in original.) “DO NOT consent/grant access to non-public areas. Please tell them the following: ‘You may not enter this non-public area, and I am not authorized to let you enter. I will notify Library administration, and someone will be coming to verify.” At that point, staffers are supposed to call their manager and document everything that happens.

Legally, ICE can make arrests in most public places, including libraries; schools were exempt under a federal policy that designated them as “sensitive” areas ICE needs a judicial warrant to enter. Although Trump rescinded that Biden-era policy in January, his executive order—which also covers churches, where the sanctuary movement began—is being challenged in court.

The library’s guidance comes directly from a citywide training on February 27 about how city employees should respond to ICE raids, among other topics related to immigration. The training was created by the city’s Office of Immigrant and Refugee Affairs, which has a ton of other know-your-rights resources on its website.

More than 1,000 employees across the city took part in the training, which explained existing city policies for dealing with ICE (which have not changed, but have obviously become more urgent) and included resources from Northwest Immigrant Rights Project and the National Immigrant Law Center.

I posted obliquely about this on Bluesky earlier, and I see that since then, the Burner has posted a whole separate post that now includes a completely different two-page memo, and has changed the headline on the original post, which was “Seattle Public Libraries Tells Workers Not To Interfere With ICE Raids.” Once you tell people they should be outraged at the local library for violating the First Amendment and forcing staff to roll over for ICE arrests, and shout on social media that they’re basically fascists, it’s pretty hard to walk that back.

“Library memo describes citywide ICE policy for public buildings, developed by Office of Immigrant and Refugee Affairs” isn’t much of a headline, though. That’s because it isn’t much of a story.

Update Wednesday: The original story has been removed, replaced by a new piece by Krieg asserting essentially the same facts and with a misleading headline that still suggests the library has ordered staff to stand by passively and not ask for warrants when they are required, which is false. The story was purportedly taken down because it did not include “copies of the memos” laying out the city’s policy, but the new piece still doesn’t include the the 12-page memo laying out the policy, which includes a script for demanding warrants and barring ICE from entering areas of public buildings where they are not allowed to be. The new piece also argues that SPL should order its frontline workers to be confrontational toward armed ICE agents. By doubling down on the false narrative and failing to correct or acknowledge any errors, the new piece does not address any of the the issues outlined in my original post.