Department of Homeland Security Information Release Policy

Policy Statement

Adelphi University is committed to protecting the privacy of international student records and providing an opportunity for all students to be successful in the classroom, on campus, in careers and communities, and beyond.

Reason for Policy

This policy sets forth the procedures for responding to the release of student information requested by all U.S. Homeland Security agencies to ensure compliance with Student Exchange Visitor Program (SEVP) governing regulations for students and schools {8 CFR 214.3(g)} and/or provide the appropriate notification to students of their rights granted by law.

Who Is Governed by this Policy

F-1 Nonimmigrant Students, Staff, Faculty, Contractual Agents of the University, and Individuals Requesting Information.

Policy

As required by the SEVP’s governing regulations for students and schools section 8 CFR 214.3(g), the Designated School Official, located in International Services, must make certain information and documents available and must furnish them to the U.S. Department of Homeland Security (DHS) representatives upon request. This notice will be in writing if requested by the school. The school will have three work days to respond to any request for information concerning an individual student, and ten work days to respond to any request for information concerning a class of students. The school will respond orally on the same day the request for information is made if DHS requests information on a student who is being held in custody, and DHS will provide a written notification that the request was made after the fact, if the school so desires.

F-1 Student Educational Privacy: As authorized by Section 641(c)(2) of Division C of Pub. L. 104-208, 8 U.S.C. 1372, with respect to F nonimmigrant students, waiving the provisions of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, is necessary for the proper implementation of 8 U.S.C. 1372. An educational agency or institution may not refuse to report information concerning an F nonimmigrant student or a J nonimmigrant exchange visitor that the educational agency or institution is required to report under 8 U.S.C. 1372 and §214.3(g) (or any corresponding Department of State regulation concerning J nonimmigrants) on the basis of FERPA and any regulation implementing FERPA. The waiver of FERPA under this paragraph authorizes and requires an educational agency or institution to report information concerning an F, J or M nonimmigrant that would ordinarily be protected by FERPA, but only to the extent that 8 U.S.C. 1372 and §214.3(g) (or any corresponding Department of State regulation concerning J nonimmigrants) requires the educational agency or institution to report information.

Definitions

Designated School Official (DSO): The Designated School Official interacts with SEVIS and the Student and Exchange Visitor Program (SEVP),deals with other immigration and program administration matters, and is responsible for performing institutional compliance responsibilities, including record-keeping and reporting responsibilities for the SEVIS records of nonimmigrant students in F visa categories.

Form I-20: All F-1 students that study in the United States need a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.” Once accepted into a Student and Exchange Visitor Program (SEVP)-certified school, international students will receive a Form I-20 from their designated school official (DSO) which is required to obtain a student visa, and to enter the United States.

F-1 Student (Academic) Visa: An F-1 student is a nonimmigrant who is pursuing a “full course of study” to achieve a specific educational or professional objective at an academic institution in the United States that has been designated by DHS to offer courses of study to such students and has been enrolled in the Student and Exchange Visitor Information System (SEVIS).

J-1 Exchange Visitor Visa: Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.

School Official (under FERPA): A “school official” includes a teacher, school principal, president, chancellor, board member, trustee, registrar, counselor, admissions officer, attorney, accountant, human resources professional, information systems specialist, and support or clerical personnel.

Requests for Evidence: USCIS has the discretion to issue Requests for Evidence (RFEs) to an applicant requesting a particular benefit if the evidence provided by the applicant is not sufficient or does not meet the burden of proof to establish eligibility. The request will specify required evidence needed to be provided by the applicant and the deadline to submit such evidence.

SEVIS: SEVIS is an Internet-based system that provides tracking and monitoring functionality, with access to accurate and current information on nonimmigrant students (F and M visa) and exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications, via the Internet, to the DHS and DoS throughout a student’s or exchange visitor’s stay in the United States. SEVIS will be informed of status events for students and exchange visitors including, but not limited to, entry/exit data, changes of current United States address (residence), program extensions, employment notifications, and changes in program of study.

U.S. Department of Homeland Security Agencies

• Citizenship and Immigration Services (USCIS): Responsible for processing immigration and naturalization applications and establishing policies regarding immigration services.
• Customs and Border Protection (CBP): The largest federal law enforcement agency of DHS whose mission is to safeguard our borders, and enhance the nation’s economic prosperity.
• Immigration and Customs Enforcement (ICE): A federal law enforcement agency whose mission is to protect America through criminal investigations and enforcing immigration laws to preserve national security and public safety.
• Student and Exchange Visitor Program (SEVP): Administers the Student and Exchange Visitor Information System (SEVIS). It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintaining their status.

Procedures

This policy does not have procedures associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review, this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

• DSO Requirements and Responsibilities
• Citizenship and Immigration Services (USCIS)
• Customs and Border Protection (CBP)
• Immigration and Customs Enforcement (ICE)
• Student and Exchange Visitor Program (SEVP)

Document History

• Last Reviewed Date: May 9, 2024
• Last Revised Date: May 9, 2024
• Policy Origination Date: Unknown
• Last Approval Date: September 25, 2024

Who Approved This Policy

Executive Leadership