International Students' Rights To Attend Rallies Explained

International students are allowed to attend rallies as long as they are peaceful and do not pose any threat or harm to others or property. However, international students face unique risks when participating in protests. While the U.S. Constitution protects the right to assemble and speak out, any interaction with law enforcement could lead to arrest, detention, revocation of status, and other negative immigration consequences. International students must therefore carefully consider the potential risks and familiarize themselves with their rights before participating in rallies or protests.

International students' right to protest in the US

International students in the US have the right to protest, and the First Amendment of the US Constitution protects their freedom of assembly and speech. However, they must be aware of their rights and potential risks, such as immigration consequences, when participating in demonstrations.

The First Amendment guarantees the freedom of assembly and speech for all people in the US, including international students and visitors. This means that international students have the right to gather for protests and express their beliefs. Universities, such as Yale, emphasise that international students are welcome to participate in lawful public demonstrations and protests.

However, international students must also be aware of potential risks and considerations when participating in protests. Any interaction with law enforcement carries a potential risk of arrest, detention, or negative immigration consequences, such as the revocation of student visa status. International students on F-1 visas, in particular, may face challenges in maintaining their student status if they are suspended, expelled, or unable to enrol as full-time students due to their involvement in protests. It is advised that international students familiarise themselves with their rights and the potential risks before participating in any protest activities.

In addition to US immigration laws, international students should also consider the potential consequences in their home countries. Each country has different laws and expectations regarding acceptable speech and online expression, and participating in protests in the US could potentially lead to repercussions upon return. Therefore, it is important for international students to carefully plan and make informed decisions about their involvement in protests, weighing their rights and the potential risks involved.

To summarise, international students in the US have the right to protest, and their freedom of assembly and speech are protected by the First Amendment. However, they must also be aware of the potential risks and immigration consequences of their actions. By educating themselves on their rights and staying informed about how to stay safe during protests, international students can effectively navigate this complex landscape and make a difference while mitigating potential challenges.

The risks of protesting as an international student

International students in the United States have the right to participate in lawful public demonstrations and protests. The First Amendment of the U.S. Constitution protects the freedom of assembly and speech for all people in the U.S., including international students. However, it is important to be aware of the risks that may arise from participating in protests as an international student.

One of the primary risks is the potential impact on immigration status and visa applications. If an international student is arrested, charged, or convicted during a protest, it could affect their current and future immigration status and any future visa applications. In addition, if an international student is suspended or expelled from their academic program as a result of their involvement in a protest, they may no longer meet the requirements for maintaining their student visa status. For example, F-1 visas require students to maintain full-time enrollment and make satisfactory progress in their studies. A suspension or expulsion could lead to a loss of visa status and potentially result in deportation.

Another risk to consider is the possibility of negative interactions with law enforcement. Even if an international student is following the law during a protest, incidental contact with law enforcement could lead to arrest, detention, or other negative consequences. It is important for international students to know their rights and how to respond to immigration questions if stopped by the police. They have the right to remain silent and do not have to answer questions about their immigration status. However, they should not lie or provide false documents.

Furthermore, international students should be aware of how their actions could be interpreted in their home country. Protesting against certain causes or governments may have repercussions when they return home or impact their future travel to their home country. It is crucial for international students to carefully consider these risks and plan accordingly before engaging in protest activities. While the right to protest is protected, the potential consequences for international students can be severe and may affect their ability to remain in the U.S. or travel freely in the future.

What to do if arrested at a protest

International students are allowed to attend rallies and protests, as the US Constitution protects the right to assemble and speak out, and these rights apply to international visitors. However, it is important to be aware of the risks of participating in a protest as a non-US citizen. Any contact with law enforcement could potentially lead to arrest, detention, revocation of status, and other negative immigration consequences.

If you are arrested at a protest, here are some things to keep in mind and steps you can take:

During the Arrest:

• Stay calm and keep your hands visible at all times.
• Do not argue, resist, or obstruct the police, even if you believe your rights are being violated.
• You have the right to ask if you are free to leave. If the officer says yes, calmly walk away.
• If you are being arrested, you have the right to ask why.
• You have the right to remain silent and do not have to answer any questions about your immigration history or status. It is advised that you do remain silent and ask for a lawyer immediately. Do not say or sign anything without a lawyer.
• You have the right to make a local phone call, and the police are not allowed to listen if you are calling your lawyer.
• You do not have to consent to a search of yourself or your belongings. Police may "pat down" your clothing if they suspect you are carrying a weapon, and they may search you after an arrest.

After the Arrest:

• You will be searched and transported to a local police station for processing, where you will be fingerprinted and photographed.
• At the police station, you can decide to post bail or remain in custody until your court hearing. Bail typically costs more than arrestees can afford, so you may secure a bail bond instead, which involves paying a percentage of the bail amount to a bondsman who will secure the rest.
• Your first court appearance, or arraignment, will occur within 48 hours of your arrest. During the arraignment, you will be informed of the charges against you and will enter a plea of guilty or not guilty. If you plead not guilty, a trial date will be set.

Before the Protest:

• Educate yourself on your rights and the risks of protesting as a non-citizen.
• Share the time and place of the protest with a trusted contact.
• Memorize or write down the phone number of a lawyer or legal defense organization that can assist you in case of arrest.

If Unfairly Convicted:

If you are arrested and unfairly convicted, you can appeal the court's decision with the help of experienced appeal lawyers.

How to stay safe while protesting

International students are protected by the Constitution when it comes to their right to protest. However, non-citizens have additional risks to consider. Law enforcement will likely be present, and incidental interactions could lead to arrest, detention, or even revocation of status. Therefore, it is important to educate yourself on your rights and how to stay safe while protesting. Here are some tips to help you stay safe:

Before the protest:

• Let at least one emergency contact know your plan, and make arrangements to keep them updated on your status during and after the event.
• Fully charge your cell phone and bring a battery extender if possible.
• Have an offline map of the venue and surrounding areas available, as cell service may be limited.
• Pack essential supplies, including water, snacks, meds, cash, and a well-stocked first aid kit.
• Dress for the expected weather.
• If you are an international student, carry copies of your immigration papers, such as your unexpired I-94, Employment Authorization Card, or student visa. Keep the originals in a safe place, and consider leaving a copy with a trusted person who can scan them to you if needed.

During the protest:

• Stay vigilant and maintain awareness of your surroundings. Take notice of how people are behaving, and keep an eye on the exits in case you need to leave quickly.
• Avoid engaging with counterprotesters, who are often the source of escalation.
• If you are part of a group, designate a person to prioritize safety and maintain awareness of the group's surroundings.
• Refrain from running, as it can draw attention and incite panic. If you need to move quickly, do so calmly and avoid running if possible.
• Remember that you have the right to photograph or videotape police actions, even if officers ask you to stop.
• If you are an international student, comply with any instructions from law enforcement to end activities or leave the area to avoid arrest or charges.

Remember, protesting has the power to bring about transformative change, but it is important to prioritize your safety and well-being.

The impact of expulsion on international students' visas

International students in the US on a student visa must maintain their student status to keep their visa. Any suspension or expulsion from school could impact their ability to maintain their student status or change to another status. While the US Constitution protects the right to assemble and speak freely, and these rights also apply to international visitors, non-US citizens have additional considerations when exercising these rights. For example, any contact with law enforcement could lead to arrest, detention, revocation of status, and other negative immigration consequences.

In 2025, the US Department of State (DOS) began sending emails to international students asking them to self-deport due to campus activism. This included students who had physically participated in activism and those who had shared or liked 'anti-national' posts on social media. More than 300 foreign students had their visas revoked in three weeks. US Secretary of State Marco Rubio defended the move, stating that visas were given to students to earn a degree and "not become a social activist tearing up our campuses". He also stated that the US has the right to decide who comes into the country as a visitor.

The impact of expulsion on an international student's visa can be significant. If a student is expelled, their visa may be revoked, and they may be required to leave the country immediately. They would need to present their passport to the US embassy or consulate to have their visa physically cancelled. They would also be ineligible to use that visa again and would need to apply for a new visa if they wished to return to the US in the future. Their eligibility for a new visa would be assessed at that time.

To avoid negative consequences, international students should educate themselves on their rights and risks before participating in any rallies or protests. They should also be aware that their social media activity may be scrutinized by immigration officials, and any content or behaviour that is considered anti-national or supportive of designated terror groups could result in visa revocation. It is important for international students to understand the potential risks and consequences of their actions and online activity while in the US on a student visa.

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