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.
Delgado also stressed that the law does not eliminate existing federal privacy protections, including the Family Educational Rights and Privacy Act (FERPA).
As a general rule, universities cannot disclose a student’s grades, academic history or enrollment information without the student’s consent, even in response to requests from outside agencies such as ICE.
However, FERPA also includes exceptions allowing certain information to be disclosed without authorization, such as in response to a court order or during a health or safety emergency. These exceptions existed before SB 153 and were not created by that state legislation.
For that reason, Delgado explained, if ICE requests student data, the university must determine whether disclosure is permitted under FERPA and other applicable rules, rather than assume that state law requires it to turn over the information.
The attorney noted that questions remain about when universities can restrict ICE’s access to nonpublic spaces or require court orders. However, she clarified that SB 153 does not give ICE unlimited authority to enter restricted areas or access confidential records.
No visible changes on campuses, with official records still pending
UNC-Chapel Hill’s administration reiterated its commitment to complying with existing laws. It also said it continues to evaluate the implications of the new legislation.
“As a public institution, UNC-Chapel Hill complies with all applicable federal and state laws and directives. At this time, we continue to review the legislation and determine whether there are any impacts on our existing policies,” according to a statement from a university spokesperson sent to Enlace Latino NC.
A review by Enlace Latino NC found that several UNC System universities already had protocols for responding to federal agents before SB 153 took effect.
UNC Charlotte, NC State, East Carolina University, UNC Greensboro, UNC Asheville, Appalachian State and North Carolina Central University publish guidance that, among other measures, instructs staff to contact campus police and legal offices to verify credentials and review information requests.
However, these documents do not establish whether the protocols have been modified because of the new law since June 24, 2026.
The ACLU of North Carolina told Enlace Latino NC that, to date, it has not identified changes in UNC System policies or practices. Nor has it received reports of immigration enforcement actions on campuses.
Given the possibility that internal guidelines exist, Enlace Latino NC submitted public records requests to the UNC System Office. This news outlet will publish an update when it receives the requested information.
UNC-Chapel Hill student leadership
At UNC-Chapel Hill, student leadership has focused its attention on the emotional and educational impact the legislation may have on the university community.
“Questions surrounding immigration enforcement are ultimately questions about students’ sense of safety on our campus,” Devin Duncan, UNC-Chapel Hill’s student body president, told Enlace Latino NC.
Duncan added that “university campuses should be places where students can focus on learning, exploring their passions and pursuing the opportunities that brought them to higher education.”
Duncan noted that complying with state and federal laws is an institutional responsibility. But Duncan emphasized the importance of clearly communicating those obligations and providing support to students.
“Everyone knows that the University has a responsibility to comply with state and federal law, but I believe that how we communicate those responsibilities, how we support students facing uncertainty, and the clarity and compassion we bring to those conversations are matters of institutional leadership,” Duncan said.
In response to students’ concerns, the student government’s Department of State and External Affairs has organized informational workshops titled “Know Your Rights.” It also works in coordination with the Dean of Students office and International Student and Scholar Services to connect students with support.
“Our commitment extends to students of all backgrounds,” Duncan concluded.
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