Jeff Millman: Protecting the rights of foreign students

While I don't think she considers herself a Nazi, it seems pretty clear that President Rodin would agree with those who have argued against her compliance with the much-maligned USA PATRIOT Act. Last week, in defending a murderous-ideology baiter, my fellow columnist Vinay Harpalani argued that Rodin "silently [allows] injustices to occur." In this way, she is a Nazi because "Nazi oppression began not with genocide but with privacy violations and the imprisonment of suspicious individuals -- not unlike the current provisions of the USA PATRIOT Act." While I don't know whether our University president, who is Jewish, has any familiarity with World War II history, I do know that she has publicly advocated for very robust privacy rights and due process for students. When she learned that the FBI was rounding up students from certain heavily-Islamic countries for terrorist questioning, Rodin wrote in the Dec. 18 Almanac that the University was "concerned that students' rights and privacy be protected in the process." She referred students to American Civil Liberties Union booklets called "Know Your Rights," which are available free in the Office of International Programs (OIP). She included a telephone number for ACLU lawyers who have pledged to provide pro bono legal advice for these interrogated students. She even offered to arrange for private meeting space at either OIP or the Inn at Penn for any student that would feel more comfortable having the FBI interview on campus. Rodin has proven to be a consistent defender of both foreign students and our country. Three weeks after Sept. 11, the Almanac published her letter to Sen. Diane Feinstein, who was considering a six-month moratorium on the student visa program. The letter said "the exchange of ideas between international students and scholars enhances global understanding and the learning experiences of our students. Additionally, we believe it is in the long-term strategic interest of the United States to keep such programs in place." While Rodin may agree with those criticizing the USA PATRIOT Act, I bet she was pretty surprised to be accused of complying with it. Penn has yet to confront the USA PATRIOT Act, so Rodin hasn't had an opportunity to comply (or defy). The University has increased general safety precautions of restricted access to selected dangerous agents, which would be a good idea even if not required by the act. But according to Laura Peller, the associate director at the Office of Environmental Health and Radiation Safety, Penn has not transferred any international students away from any sensitive research or materials. For one thing, as Vice President of Information Systems and Computing Robin Beck noted, Penn does not capture personal Web sites, search engine or chatroom logs which would be valuable to an investigation. The FBI has not obtained a secret ex parte court order for anyone's records. The FBI hasn't conducted terrorist inquiries on campus yet, but Associate General Counsel Brenda Fraser said her office would intervene on behalf of anyone who is contacted by the FBI to release University records or property. She added that Penn litigators would be "quite willing" to file a lawsuit and challenge the legitimacy of any subpoena. One senior administrator said he would consider going to jail to protect student records. Fraser even rejected the "government's presumption that those [foreign] students that have stopped their enrollment are up to no good." While the University has been required to update the Immigration and Naturalization Service on the majors and academic standings of international students, this has nothing to do with the USA PATRIOT Act. This filing has been required since the 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act. However, this compliance has not been "as drastic as it may seem at first blush," according to International Student and Scholar Services Director Shalini Bhutani. This reporting is not more regular or more invasive than it was before; it's just filed electronically now, instead of on paper. Bhutani said this new database, called SEVIS, has allowed the INS to finally do its job, which has "narrowed the margin of error with potentially dire consequences" for all student visa holders that must fill out the paperwork. This increased scrutiny is certainly stressful, but if Penn does not comply with this, it will not be allowed to have foreign students enroll at all. But despite its compliance with SEVIS, which is not part of the USA PATRIOT Act, Penn has quietly lobbied the federal government to weaken the scrutiny and restrictions on international students. Bhutani points out that Penn has partnered with certain interest groups, like the National Association of Foreign Student Advisors, to prevent exorbitant student visa fees and to allow tourist visa holders to take Penn classes. So while you shouldn't expect President Rodin to stick her neck out to obstruct federal law, it's now apparent that she and her staff have not been quiet accomplices in assaulting the Bill of Rights. I guess the irony was lost on those who shout her down in newsprint or in the middle of a speech. Jeff Millman is a senior Philosophy, Politics, and Economics major from Los Angeles, Calif.

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