Across the nation, 220 colleges have been contacted by federal agencies researching the status of foreign students since the September terrorist attacks, according to a survey conducted by the American Association of Collegiate Registrars and Admissions Officers.
The investigations, which are being done by the FBI and Immigration and Naturalization Services, have put pressure on college administrators to provide information about where these students live, how they are performing in their classes and what they are studying.
Additionally, the FBI and INS have been interviewing the students themselves, asking a variety of questions, such as their views on Osama bin Laden, the names of their favorite restaurants and their plans after graduation.
Understandably, these requests have left universities caught between the government's interest in security and the desire to protect students' privacy and avoid charges of racial profiling.
Yesterday, Wendy White, the University's general counsel, said that she had not been informed of any FBI or INS requests for information about Penn students.
Other institutions across the nation, ranging from Columbia University to the University of Colorado at Denver, have been contacted by these federal agencies.
San Diego State University, for example, was asked to provide information about students because two of the alleged hijackers lived in San Diego and had ties to the Muslim community.
"When the INS comes to us, we're in full compliance with what they ask for," San Diego State University spokesman Jason Foster said. "We are sensitive to the privacy rights of our students, but so far we have not been asked for information that conflicts with student privacy laws."
According to Penn Political Science Professor Rogers Smith, there is nothing unconstitutional about federal requests for information.
"These sweeps are well within the scope of investigatory authority defined by current law," he said. "Courts have not supported rights of equal protection or privacy broad enough to challenge these sorts of requests for information from institutions of higher education or these sorts of questioning."
Jacques deLisle, a Law School professor, explained that U.S. international law does not require foreign visitors be given the same rights as American citizens.
"There's very little in international law to restrict questioning of foreign nationals by host countries," deLisle said. "There are some fairly loose regulations on civil liberties for foreign nationals. Basically, the U.S. gets to do a lot of what it wants."
Nonetheless, Smith noted that these investigations must be kept within probable cause.
"The clearest justifiable purpose for contacting colleges and universities is to find out if those admitted here on student visas really are students," Smith said.
Beyond these measures, Smith explained that there must be clear reasons behind why a person "might be able to assist in the investigation or be a suspect."
Still, it is widely agreed upon that these requests for information single out certain groups of students, and some experts find this objectionable.
"The investigations obviously are discriminatory because they're selecting based on ethnicity or nationality," Political Science Professor Robert Vitalis said.
At Penn, students have met the news of federal questioning of Middle Easterners with mixed reactions.
"I know that the government procedures have a strong legal basis, but it's a slippery slope when it comes to investigating students with visas," Penn Arab Student Society Graduate Chairman Amel Ahmed said. "I know these measures are necessary, but they have exceeded everything that we've ever seen in the past."
College senior Omar Al-Wir, who is from Jordan, said he could see both sides of the issue in the wake of the terrorist attacks.
"Actually, I understand the need for heightened security at this time," Al-Wir said. "Still, it's definitely disturbing that it's targeting a certain group or minority."
Shahab Rashid, a Wharton senior from Pakistan, said he is opposed to the questioning.
"I think this is an invasion of privacy and basically incriminating students before they have any information on them," Rashid said. "There should be a balance and check method for these investigations. Having this bias toward our people and our culture is just wrong."
While Penn officials have not indicated that either the FBI or INS have sought information about foreign students, administrators said they are prepared for any queries that might come.
"We understand that the FBI may be seeking information from colleges and universities about students, especially foreign students, in connection with its investigation of the terrorist attacks," Provost Robert Barchi said in an e-mail statement when news of these searches came out.
In the event administrators are contacted, Barchi said he hopes they will direct all requests to the general counsel. From there, officials will make decisions as to whether to release information about international students.
"Should [we] receive a request for student information, it is important that we review the request, that privacy protections are preserved," Barchi said. "This means that we need to determine, on a case-by-case basis, whether disclosure is appropriate."
