UNC-CH faculty members say more must be done to reassure students and staff if ICE raids occur on the campus. (Photo: Clayton Henkel)
President Donald Trump’s first week in office brought a slew of executive orders followed by a series of pointed questions by University of North Carolina faculty members about how the school might address a sweeping crackdown on immigrants.
The Department of Homeland Security has rescinded the Biden Administration’s guidelines that restrict Immigration and Customs Enforcement (ICE) from conducting raids at schools, churches, and other sensitive areas.
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At a Friday meeting of the UNC-CH Faculty Council, Chancellor Lee Roberts said university leaders have spent a good deal of time and energy trying to understand the implications of the shifting federal policy.
“I can’t imagine how unsettling it must be to have uncertainty around immigration status or on immigration policy as an immigrant. I understand and empathize with that uncertainty, with that anxiety,” consoled Roberts. “Again, I have a somewhat unsatisfying answer, which is that there’s much more we don’t know than what we do know.”
But while acknowledging that great unknown, Roberts also made his position clear.
“We’re going to follow the law. That’s been our consistent posture.”
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Associate Professor Allison Schlobohm of the Kenan-Flagler Business School told the chancellor what was known was the Department of Homeland Security Secretary’s directive that ICE may now operate inside of schools and hospitals.
“Those were previously considered sensitive spaces, and they no longer are,” said Schlobohm. “I know that some of our peer schools are responding to this, and I’m wondering how we’re going to respond to this change?”
Roberts said he was uncertain how peer institutions are addressing Trump’s new directive.
“My understanding is that that’s a change in enforcement protocol, rather than actually a change in law or policy. But if I’ve misunderstood that, I’m happy to be corrected about that.”
Barbara Stephenson, UNC’s vice provost for global affairs and chief global officer, said her office previously offered some protocols about what to do when ICE shows up and perhaps it was time to share that again with faculty so they could be well-versed in what was expected.
Schlobohm said that other universities are being more proactive in tackling the issue.
The University of California, Berkeley has offered faculty guidance on how to respond as well as what you don’t have to do. UCLA has advised immigrants to know what their rights are.
“The sheriff of Washtenaw County, where University of Michigan is housed, did say that she will not comply. And so, this isn’t a law and isn’t a policy. It’s a directive by Homeland Security. And it relies upon help from local people,” stressed Schlobohm. “So, in that regard, I would just like to know if we’re asked to identify undocumented students, what will we say?”
Chancellor Roberts said he could not control how the Orange County Sheriff’s Department might address the issue, but for the university it was clear.
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“If we’re asked by law enforcement, we’re going to comply with any requests from law enforcement about that or anything else,” responded Roberts.
History Professor Miguel La Serna said the university leaders cannot understand what a scary time this is for immigrants as well as international students and faculty.
“I think what our DACA students need right now are reassurances from the leadership of this university that they will be protected,” said La Serna.
“You said that you’ll comply with requests, but that would be a FERPA violation to really give any personal information about our students.”
What’s FERPA and why it matters
Under the Family Educational Rights and Privacy Act (also known as FERPA) institutions may not disclose personally identifiable information in education records without the student’s written consent. These protections apply to undocumented students as well as domestic students.
For more information, read this one-pager on FERPA published by the Presidents’ Alliance in partnership with the American Association of Collegiate Registrars and Admissions Officers.
La Serna said what is being discussed is really competing interpretations of the law right now amid a slew of executive orders.
“I really feel like this is a time for offering reassurances to people who are incredibly vulnerable,” said La Serna.
La Serna suggested it would also be helpful to have the chief of university police meet with the faculty council to talk about the extent to which the police will be complying with ICE agents.
“I understand that you say you’re going to comply with the law, but this is an area where the law is being interpreted in real time. And standing law is actually the thing that is being in question,” La Serna said.
Roberts said when it comes to a conflict of law question, the university will seek legal counsel.
“I’m not going to try to issue an interpretation on the fly. I’m well aware of the anxiety and we’re going to continue to try to serve our immigrant students and scholars as best we can.”
UNC-Chapel Hill currently serves about 3,000 international students, both graduate and undergraduate. That’s 10% of the university’s student body.
The Presidents’ Alliance on Higher Education and American Immigration Council estimates that another 3,000 undocumented students graduate high school each year in North Carolina.