File photo from the University of North Carolina at Chapel Hill / Walter Gomez, ELNC
File photo from the University of North Carolina at Chapel Hill / Walter Gomez, ELNC

Almost four months after the SB 153 will take effect As of June 24, doubts persist among students and families about the real impact of the rule on the University of North Carolina (UNC) system. 

The legislation prohibits public universities from adopting policies that restrict the application of federal immigration laws beyond what is permitted by those laws. However, SB 153 does not grant ICE automatic access to student records, according to sources interviewed. Enlace Latino NC Nor does it require universities to actively track the immigration status of their students.

The disclosure of student information remains subject to federal privacy protections and exceptions provided by law, which we will explain in this article.

What SB 153 requires in universities

According to the law, the constituent institutions of the UNC system are prohibited from maintaining any rule or regulation that limits the application of the federal immigration laws below the level permitted by federal law. 

The statute specifies that universities cannot:

  • Adopt sanctuary policies that restrict compliance with federal immigration rules.
  • Prevent law enforcement officers from collecting information regarding the immigration status of any individual.
  • Prohibit the communication or exchange of such information with federal immigration enforcement agencies.

It is important to note that the scope of the law extends beyond university campuses. SB 153 mandates that four state agencies, including the Highway Patrol, sign 287(g) agreements with ICE.

It also revokes government immunity for municipalities with ordinances that may be considered "sanctuary" ordinances.

The limits of the law and privacy protections

Michele Delgado, senior attorney at the American Civil Liberties Union (ACLU) of North Carolina, explained to Enlace Latino NC  the scope of universities' obligations.

The law “prohibits universities in the UNC system from adopting policies that restrict the enforcement of federal immigration law or that prevent law enforcement from collecting or sharing information about immigration status,” Delgado said.

However, the lawyer emphasized that the rule does not require widespread tracking of the immigration status of students and employees.

“One possible misconception is the belief that SB 153 requires UNC colleges to collect the immigration status of students and employees or automatically report undocumented individuals to ICE. That is incorrect,” he stated.

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 record, or enrollment information without their consent, even in response to requests from external agencies, such as ICE.

However, FERPA also includes exceptions that allow the release of certain information without authorization, such as in response to a court order or during a public health or safety emergency. These exceptions existed before SB 153 and were not created by that state legislation.

Therefore, Delgado explained, if ICE requests student data, the university must determine whether disclosure is permitted under FERPA and other applicable regulations. This is in contrast to assuming that state law requires the release of the information.

The lawyer noted that questions remain about when universities can restrict ICE's access to non-public spaces or require court orders. However, she clarified that SB 153 does not grant them unlimited authority to enter restricted areas or access confidential records.

Related:  North Carolina settlements with ICE under SB 153: What you should know about your rights

No visible changes on campus and awaiting official records

The administration of UNC-Chapel Hill reiterated its commitment to complying with current laws. They also indicated that they are continuing to evaluate the implications of the new legislation.

“As a public institution, UNC-Chapel Hill complies with all applicable federal and state laws and guidelines. At this time, we are continuing to review legislation and determine if there are any impacts on our existing policies,” according to a statement from a university spokesperson sent to Enlace Latino NC .

A review of Enlace Latino NC  It found that several universities in the UNC system already had protocols in place to respond to federal agents before SB 153 went into effect.

UNC Charlotte, NC State, East carolina university, UNC Greensboro, UNC Asheville, Appalachian State y North Carolina Central University They publish guidelines that, among other measures, instruct staff to contact the university police and legal offices to verify credentials and review information requests.

However, these documents do not establish whether the protocols have been modified as a result of the new law after June 24, 2026.

The ACLU of North Carolina told Enlace Latino NC  which, to date, has not identified any changes in UNC system policies or practices. Nor has it received any reports of immigration enforcement actions on campuses.

Given the possibility that there are internal guidelines, Enlace Latino NC  This outlet submitted requests for access to public information to the UNC System Office. This publication will release an update upon receiving the requested information.

Related:  ICE operations can increase school absenteeism and affect learning

UNC-Chapel Hill Student Leadership 

At UNC-Chapel Hill, student leadership has focused its attention on the emotional impact and the educational impact that legislation can have on the university community.

“Questions surrounding the enforcement of immigration laws are, ultimately, questions about the sense of security of students on our campus,” Devin Duncan, president of the student government at UNC-Chapel Hill, told Enlace Latino NC. 

Duncan added that “university campuses should be places where students can focus on learning, explore their passions, and pursue the opportunities that brought them to higher education.”

Duncan noted that complying with state and federal laws is an institutional responsibility. But he stressed the importance of communicating those obligations clearly and providing support to students.

“Everyone knows that the University has a responsibility to comply with state and federal law, but I believe that the way 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,” she said.

In response to student 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 and the Office of International Student and Research Services to channel support to students.

“Our commitment extends to students from all backgrounds,” Duncan concluded.

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Claudia M. Rivera Cotto is a bilingual journalist who covers political, government and immigration issues in North Carolina for Enlace Latino NC. Claudia is part of Report for America. Previously,...

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