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Are Universities Safe for Undocumented Students?
Universities under pressure: some protect their undocumented students, others have no problem releasing them. What does the law say? Foto: Sharkshock / Adobe Sock.

On Saturday, March 8, immigration agents arrested Mahmoud Khalil, a Palestinian student at Columbia University, in compliance with President Donald Trump’s executive orders prohibiting antisemitism. Khalil, who was enrolled at the School of International and Public Affairs, was detained inside his student residence. This is the highest-profile immigration arrest to have occurred within a university.

Mahmoud is a permanent resident (he holds a “green card”) and is married to a U.S. citizen who is eight months pregnant. His arrest has been condemned by civil rights groups, who consider it a direct attack on the political freedom of speech. Additionally, it has intensified the debate about potential immigration raids in universities. What can undocumented students expect?

What does a university led by a coward look like?

One of Trump’s first official actions was to remove restrictions on making immigration arrests in places considered “sensitive,” such as educational institutions, healthcare centers, and churches.

Analysts believe that it is unlikely there will be large-scale immigration raids within universities. The government has shown that its main weapon against undocumented immigration is instilling fear rather than making mass arrests — partly due to a lack of financial and human resources.

But are our universities doing anything to protect their undocumented students? The answer may be discouraging. The fear of losing federal funds is spreading among university administrators.

Just hours after Trump’s order regarding “sensitive” locations was announced, the Chancellor of the University of North Carolina (UNC) at Chapel Hill, Lee Roberts, took a submissive stance, bowing to power and turning his back on his students.

In a servile tone, Roberts expressed his intention to “comply with any law enforcement requests” when asked about Trump’s wave of executive orders, especially regarding cooperation with ICE.

“Cooperating with ICE undermines student safety, particularly for minority students, and hinders the learning experience for everyone. UNC is not legally obligated to comply with ICE unless there is a valid judicial warrant or subpoena,” said Michele Delgado, an attorney with the ACLU.

What are other universities across the country doing?

While some educational institutions appear willing to cooperate with anti-immigrant policies, other universities have taken a brave — or at least consistent — stance to protect their students.

One example is Keene State College in New Hampshire, which has publicly declared its commitment to ensuring the safety of all students, regardless of their immigration status. The institution said it would not allow immigration agents to enter campus without a valid judicial warrant.

This approach has been supported by several universities in states like California, New York, and Washington, which have pledged to provide legal assistance to undocumented students and protect their personal information. All of this is backed by federal law.

The Family Educational Rights and Privacy Act (FERPA) establishes that universities cannot share a student’s personal or academic information without their written consent unless there is a valid court order.

This law also protects undocumented students, preventing universities from sharing data with ICE without prior authorization.

There are no excuses. There are legal resources available to protect undocumented students. Unfortunately, for some university officials, the lucrative federal funding they receive is far more important.

Find this article in Spanish here.

Periodista, editor, asesor, y presentador. De 2016 a 2019 el periodista más galardonado en Estados Unidos por los Premios José Martí. Autor del best seller: ¿Cómo leer a las personas? dbarahona@lanoticia.com