Immigration and Customs Enforcement (ICE) has broad, independent authority under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), as amended, (and does not need to request directory information) to receive the following information on foreign students and exchange program participants: a) the identity and current address in the United States of the alien; b) the non-immigrant classification of the alien and the date on which a visa under the classification was issued or extended or the date on which a change to such classification was approved by the Attorney General; c) in the case of a student at an approved institution of higher education, or other educational institution, the current academic status of the alien, including whether the alien is maintaining status as a full-time student, or in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the terms and conditions of the program; d) in the case of a student at an approved institution of higher education, or other educational institution, any disciplinary action taken by the institution against the alien as a result of the alien’s being convicted of a crime, or, in the case of a participant in a designated exchange visitor program, any change in the alien’s participation as a result of the alien’s being convicted of a crime; e) the date of entry and port of entry; f) the date of the alien's enrollment in an approved institution of higher education, other approved educational institution, or designated exchange visitor program in the United States; g) the degree program, if applicable, and field of study; and, h) the date of the alien's termination of enrollment and the reason for such termination (including graduation, disciplinary action, and failure to re-enroll.)
The ICE regulations further specify that: “an approved school must keep records containing certain specific information and documents relating to each F-1 or M-1 student to whom it has issued a Form I-20A or I-20M while the student is attending the school and until the school notifies the Service, … that the student is not pursuing a full course of study.… The designated school official must make the information and documents required by this paragraph available to and furnish them to any ICE officer upon request. The information and documents that the school must keep on each student are as follows:
FERPA does not prohibit the nonconsensual release to ICE of the alien’s field of study, degree program, number of credits, and other items of information enumerated in 8 C.F.R. 214.3(g), as amended by 67 Fed. Reg. 76256 (December 11, 2002).