In response to President Donald Trump administration’s recent deportation efforts, the American Civil Liberties Union (ACLU) of Washington, D.C. sent a letter earlier this month imploring universities in the district to protect the First Amendment rights of their students.
After taking office, President Trump signed multiple executive orders regarding immigration enforcement and freedom of expression.
In their letter released on March 20, the ACLU cited Executive Orders 14161 and 14188 as the directives that prompted the letter. These orders target students who spoke out in support of Palestine, threatening to revoke student visas and detainment.
Mahmoud Khalil, a Columbia University graduate, and Rumeysa Oztur, a doctoral student at Tufts University, were arrested and detained last week for their involvement in university protests.
The ACLU of D.C.— a non-profit civil rights organization— has opposed the Trump administration’s policies.
The legal director, Scott Michelman, has written and sent the letter to the presidents of eight D.C. universities urging them to advocate for their students.
The letter is split into four guiding principles, first addressing freedom of speech.
The ACLU of D.C. has accused the Trump administration of indirectly violating the First Amendment by coercing third parties to suppress speech it does not like.
Michelman cites the attempted censorship of phrases such as “from the river to the sea” — a slogan often used by pro-Palestine advocates— along with the administration’s efforts to eliminate teaching the history of white supremacy in America, typically referred to as critical race theory.
“Immigrant students, faculty and staff on college and university campuses should think twice before they criticize the United States or this administration, express support for Palestinians, condemn Israeli government policies, or tout efforts to promote inclusivity of their schools,” the letter stated.
Michelman said the obligations to protect the liberties of the First Amendment extend to colleges and universities.
“The ability to criticize governments, their policies, and even their foundational philosophies is a critical component of our democracy,” according to the letter.
The second principle in Michelman’s letter urged universities not to participate in certain types of immigration enforcement.
The letter asserted that public universities and colleges are not obligated to act as immigration enforcement deputies.
“The federal government cannot force state or local institutions, including universities and colleges, to participate in certain types of immigration enforcement. Federal courts have consistently upheld the right of state and local authorities to limit the collaboration,” the letter stated.
Michelman specified that immigrant populations make up a significant proportion of U.S. colleges and universities: about five percent of all students in higher education and about 27 percent of students at the graduate level, according to the Higher Education Immigration Portal.
Furthermore, he said that colleges and universities that participate in immigration enforcement are straying away from the primary mission of the institutions.
The third principle is the institution’s responsibility to protect the privacy of all students.
According to the letter, universities must protect the privacy and confidentiality of their students.
Under the Family Educational Rights and Privacy Act (FERPA), universities must define what they consider to be “directory information,” meaning information that is not generally harmful or an invasion of privacy if disclosed.
According to the letter, disclosing information about students’ immigration status to government agencies and immigration related agencies would violate FERPA.
Michelman called on universities to consider this to protect non-citizen students against unwanted disclosure to the government or private parties.
The last principle discussed in the letter is the importance of the 14th Amendment and Title VI of the Civil Rights Act.
“Public universities are bound by the 14th Amendment’s guarantee of equal protection, and both are bound by Title VI of the Civil Rights Act,” the letter stated.
The 14th Amendment gives U.S. citizens the right to due process. Michelman expressed his concerns about violations of due process and the potential treatment of ICE detainees.
He referenced the infamous Guantanamo Bay Detention Camp, which human rights organizations have criticized for its poor treatment of detainees.
On March 27, Howard’s Office of University Communication released an email to students illustrating how to handle campus interactions with Immigration and Customs Enforcement (ICE).
The email explains what an ICE raid is and instructs students to contact the Department of Public Safety immediately in the event of ICE’s presence.
Faculty, staff and students also have the right to remain silent and seek personal legal counsel.
Copy edited by Aniyah Genama
