Nearly four months after SB 153 took effect on June 24, questions remain among students and families about the law’s actual impact on the University of North Carolina (UNC) System.
The legislation prohibits public universities from adopting policies that restrict enforcement of federal immigration laws beyond what those laws allow. However, SB 153 does not grant ICE automatic access to student records, according to people interviewed by Enlace Latino NC. Nor does it require universities to actively track their students’ immigration status.
Disclosure of student information remains subject to federal privacy protections and the exceptions provided by law, which we will explain in this article.
What SB 153 requires of universities
Under the law, constituent institutions of the UNC System are prohibited from maintaining any rule or regulation that limits enforcement of federal immigration laws to a level below what federal law permits.
The statute specifies that universities cannot:
- Adopt sanctuary policies that restrict compliance with federal immigration rules.
- Prevent law enforcement officers from collecting information about any individual’s immigration status.
- Prohibit communication or sharing of that information with federal immigration enforcement agencies.
The law’s reach extends beyond university campuses. SB 153 directs four state agencies, including the State Highway Patrol, to sign 287(g) agreements with ICE.
It also revokes governmental immunity for municipalities with ordinances that could be considered “sanctuary” ordinances.
The law’s limits and privacy protections
Michele Delgado, a senior attorney with the American Civil Liberties Union (ACLU) of North Carolina, explained the scope of universities’ obligations to Enlace Latino NC.
The law “prohibits UNC System universities from adopting policies that restrict enforcement of federal immigration law or prevent law enforcement from collecting or sharing information about immigration status,” Delgado said.
However, the attorney emphasized that the law does not require widespread tracking of students’ and employees’ immigration status.
“One possible misconception is the belief that SB 153 requires UNC universities to collect students’ and employees’ immigration status or automatically report undocumented individuals to ICE. That is incorrect,” she said.
