When Tufts officials were presented with a court order from the FBI demanding confidential student records, the University - like many of its counterparts nationwide - had no choice but to comply, according to University officials. Though Tufts did not release as much information as some public universities, it did hand over data about foreign students who hold student visas.
The order came after the Massachusetts Board of Higher Education voted on Oct. 2 to require public colleges and universities to send student visa information to the FBI. Many private institutions - such as Tufts - received individual orders.
About 12 percent of students enrolled at Tufts are classified as international students.
The information released by Tufts goes beyond personal data available on the online directory, which posts students' college, class year, major, and telephone number, though even this basic information can be withheld at a student's request. The University will only release directory information to law enforcement agencies under a court order, according to Registrar Jean Herbert.
The information released to the FBI is more confidential, according to Provost Sol Gittleman. Gittleman would not comment on the nature of the request, but said the information was not released voluntarily. "This isn't a request; we have no choice," Gittleman said.
Dean of Students Bruce Reitman also said the FBI gave Tufts little leeway. Reitman said that the University generally evaluates requests on a case-by-case basis, but the court order left administrators with no room for discussion. "From my understanding, there isn't much choice," Reitman said. "It depends what the law says."
University administrators say they will release a statement next week clarifying the laws regulating the security of records, Herbert said.
The Board of Higher Education decision was aimed at public institutions, but set a precedent for private ones as well. Officials at state colleges and universities must forward to the federal Immigration and Naturalization Services (INS) a list of their students in the country on visas who either never enrolled, did not enroll full-time, or have graduated, according to a Board press release.
The scrutiny of college students, especially members of the international community, is largely due to the discovery that several Sept. 11 hijackers had entered the US illegally with student visas.
The 1974 Family Education Rights Act, known as the Buckley Amendment, governs access to student records. The act protects private records, but permits disclosure to government agencies in cases of "safety emergencies."
Citing this exception, the FBI is using its authority to acquire confidential information - mostly on international students - from numerous colleges and universities around the country. Law enforcement officials have had unfettered access to student records, according to Barmak Nassirian, associate director of the American association of collegiate registrars, as interviewed by the Daily Californian.
Attorney General John Ashcroft has proposed even more stringent antiterrorism legislation that would give federal agents unrestricted access to private student records, with or without their school's consent. Justifying what some call an attack on civil liberties, law enforcement officials cite the discovery that one of the Sept. 11 hijackers was enrolled in a small California college, never showed up for class, and remained undetected while planning the attack. As the initiative awaits discussion in the US House of Representatives, its future is unclear.
Ashcroft's plan, however, is not the only piece of antiterrorism legislation under consideration in Congress. Senator Dianne Feinstein (D-CA) has resurrected a 1996 proposal that would force the INS to track international students studying in the US in a computer database. The legislation, which would call for $32 million to fund the project and a six-month moratorium on the entrance of new international students into the US, is under discussion.
Tufts stands to be impacted by restrictions on international students because of its emphasis on foreign recruiting. According to the Office of Undergraduate Admissions, 12 percent of Tufts students are non-US citizens or are US citizens who have lived overseas.
