(Photo: Clayton Henkel)
The American Civil Liberties Union of North Carolina delivered a letter this week to the state’s flagship university condemning Chancellor Lee Roberts’ statements indicating the school intends to comply with the Trump administration’s announced crackdown on immigrants.
Shortly after Trump took office, the Department of Homeland Security rescinded the Biden Administration’s guidelines that restricted Immigration and Customs Enforcement (ICE) from conducting raids at schools, churches, and other sensitive areas.
At a meeting last week with the UNC-Chapel Hill Faculty Council, Roberts said university leaders have made efforts to understand the policy’s implications and expressed concern about the anxiety it has provoked. But he also indicated the school would abide by any ICE demands.
“We’re going to follow the law. That’s been our consistent posture,” he said. “If we’re asked by law enforcement, we’re going to comply with any requests from law enforcement about that or anything else.”
The letter, signed by ACLU staff attorney Michele Delgado, senior staff attorney Jaclyn Maffetore, and legal director Kristi Graunke, noted that multiple laws will be at work (and possibly in conflict) in the event of ICE enforcement efforts, and urged UNC to protect and defend the privacy rights of their students.
There are legal obligations outlined by the Family Education Rights and Privacy Act (FERPA) to protect personally identifiable student information, the Fourteenth Amendment’s Equal Protection Clause, and Title IV’s prohibition of discrimination based on “race, color, or national origin,” according to the letter.
“Cooperation with ICE undermines student safety, especially for minoritized students, and undermines learning for all students. UNC is not legally required to comply with ICE, unless there is a valid court order or judicial subpoena,” Delgado said in a statement. The letter said Roberts’ position opens up the school to legal risk.
The ACLU letter also highlights the way both the United States and North Carolina benefit from their large immigrant populations. “UNC-Chapel Hill has greatly benefited from the melting pot of this country and the contributions of immigrant students, staff, and faculty,” the letter read. “We urge you to advocate for and protect the privacy and well-being of all university community members, regardless of their national origin or immigration status.”
UNC faculty asked pointed questions to Robert at last week’s meeting, emphasizing the need to support immigrants as well as international students and faculty.
UNC-Chapel Hill serves about 3,000 international students at the undergraduate and graduate levels, making up about 10 percent of the institution’s student body.