Recent statements by Senator Marsha Blackburn about revoking visas and deporting international students involved in campus protests have brought up important questions about the rights of immigrants, green card holders, and students on visas when it comes to protesting in the United States. We’re here to help you understand your rights and navigate this complex topic.
Your Constitutional Right to Protest as an Immigrant
While Blackburn’s remarks underscore a heightened sensitivity to national security and campus safety, they also raise critical questions about the legal and constitutional rights of non-citizens in the United States.
The First Amendment of the U.S. Constitution protects the rights of free speech and peaceful assembly for all individuals on U.S. soil, regardless of their citizenship status.
If you are not a U.S. citizen and you want to join a protest, here are some guidelines to follow:
- You have the right to free speech. This means you have the freedom to express your views on important issues and join with others who share your concerns to march, rally, or demonstrate for change.
- If an immigration officer stops you, you have the right to remain silent. Here’s what that means:
- You don’t have to answer questions: You can choose not to tell the officer where you were born or how you entered the U.S.
- Just say it clearly: If you want to stay quiet, simply tell the officer you’d prefer not to answer questions.
- Know your rights card (optional): If you have one, you can politely hand the officer a card that explains your right to remain silent.
- You have the right to talk to a lawyer. If you are taken into custody, you have the right to speak to a lawyer. If you don’t have one, you may ask the immigration officer for a list of pro bono lawyers. Do not sign anything until your lawyer is present.
- You have the right to refuse to show ID documents showing what country you are from.
- You can say no to a search: If an immigration officer stops you on the street (and doesn’t arrest you), you have the right to refuse a search of yourself or your belongings.
- There are some exceptions. Officers are allowed to do a quick pat-down of your outer clothing to check for weapons if they believe you might be dangerous.
Important Things to Remember
Despite these protections, non-citizens face unique risks when participating in protests. The intersection of immigration law and criminal law means that arrests or criminal charges resulting from protest activities can have severe implications for their immigration status.
- Arrests or charges: Getting arrested or charged with a crime during a protest could affect your immigration status. It could make it harder to stay in the U.S.
- Losing your visa or being deported: It’s not as simple as a politician saying so. There are laws and processes to make sure things are fair.
If you get arrested or face criminal charges because of your protest activities, it could have serious consequences for your immigration status, including potentially losing your current visa or even facing deportation.
How does the U.S. define “peaceful” in the context of protest?
Unfortunately, there is no single, clear-cut legal definition of “peaceful protest” within federal law.
Individual states and cities can have their own laws and rules regarding public demonstrations, which define what is and isn’t considered peaceful in that specific location and context.
Peaceful Protest vs. Riot
The main difference is violence. Peaceful protests are focused on expressing ideas without causing harm or damage. Riots, on the other hand, can become destructive. Here’s how to tell them apart:
- Peaceful Protest: Organized, non-violent actions, focused on a message.
- Riot: Chaotic, potentially violent, may or may not have a clear message.
Important:
International students hold a special visa status. While peaceful protest is absolutely within their rights, there are specific situations that could jeopardize their visa. These typically involve serious offenses like involvement in terrorism or espionage, not simply participating in a protest.
Exercising Your Rights Safely
If you’re planning to participate in a protest and you’re not a U.S. citizen, here are some steps you can take to stay safe:
- Know Your Rights: Familiarize yourself with your basic rights during a protest. You have the right to remain silent, refuse searches without a warrant (if you’re not under arrest), and request a lawyer if arrested.
- Focus on Staying Peaceful: This is the most crucial element. Only participate in protests that clearly promote peaceful assembly and expression of views. This means avoiding situations that could escalate or turn violent.
- Be Aware of Your Surroundings: Stay informed about the protest’s purpose and planned activities. Avoid getting caught up in unplanned actions that might violate laws or become disruptive.
- Stay Informed About Local Laws: Some states and cities have specific laws regarding demonstrations. These could include limitations on noise levels, designated protest areas, or permitting requirements for large gatherings.
- Keep a safe distance from police officers. If it appears a situation is getting heated, move away from that area.
- Do not lie or provide false documents: Lying to immigration officials is a serious offense and can have significant legal consequences.
- Document Everything: If you have any interaction with law enforcement, write down a detailed account of what happened, including the date, time, location, and officer names and badge numbers. This can be helpful evidence if you need legal representation later.
The bottom line
It’s crucial to remember that the U.S. Constitution robustly protects the rights to free speech and assembly for all. However, non-citizens should carefully consider how exercising these rights could affect their immigration status, highlighting the importance of legal awareness and preparedness for those involved in protest activities.
If a situation feels risky or uncomfortable, it’s okay to remove yourself from the protest. There are many ways to participate in social movements beyond street protests. You can volunteer for organizations, attend educational events, or contact your local representatives.
Helpful resources:
Immigrant Workers’ Rights To Participate in a Protest