International student record confidentiality is no longer protected by United States law due to the USA Patriot Act which was signed into law on Oct. 26.
The USA Patriot Act amends the Federal Education Rights and Privacy Act (FERPA), which protects the confidentiality of student records. In the past, government officials or anyone wanting specific information on any student, international or not, had to get a court order or subpoena. Under the new law, FBI officials have only to certify in court that the international student records are “specific and articulable facts” relevant to a terrorist investigation, according to Doris Kirby, executive assistant for The University of Memphis’ Legal Counsel.
Recently, Immigration and Naturalization Services (INS), requested the names of U of M international students from specific countries, according to Calvin Allen, associate director of International Programs. He said they didn’t ask for specific records.
The INS reportedly has begun the deportation process of four international students who were previously enrolled in area schools, including The U of M, through their investigations into enrollment status records.
Though the INS has always had the authority to collect personally identifiable information, the agency is now required to enforce that authority by verifying foreign student visa status and enrollment status, Kirby said.
Personally identifiable information includes enrollment status, disciplinary action, visa class and attendance records.
Since Sept. 11, about 200 colleges and universities have turned over student information to the FBI, INS and other federal law enforcement agencies, according to the American Association of Collegiate Registrars and Admissions Officers.
Allen said a request for foreign student information isn’t a routine procedure and hadn’t occurred in the past 15 years until recent INS requests.
“I think it’s an unfair infringement on individual rights,” Allen said. “It puts this office in an awkward position because we function as an adviser to international students.”
Another change in the law is that the university does not have to document when a subpoena is issued for student record information. The student does not have to be told about the release of their individual information to government officials. The act also protects the university from civil liability for the release of information.
Mahmoud Zubaidi, an international student from Palestine, doesn’t think these new laws are fair.
“Losing your security, losing civil rights for whatever reason — I don’t think it’s worth it,” Zubaidi said. “If the government should come to me, I’d be 100 percent cooperative. But invading my personal security for no reason — that’s different.”
The USA Patriot Act is extremely long (160 pages) and complex, Kirby said.
“I don’t think anyone quite yet understands how this law works,” Kirby said.
