BLM: Can international students protest?

Juneteenth, which is a combination of “June” and “nineteenth,” is a holiday celebrating the liberation of those who had been held as slaves in the United States. In honor of Juneteenth, which is also known as African American Freedom Day or Emancipation Day, many people are participating in political activities including protests, demonstrations, rallies and various forms of celebrations. Additionally, over the past few months, we have seen Black Lives Matter (BLM) mass demonstrations all across the states that were triggered by the death of George Floyd. Several students reached out to me asking whether international students can protest or be a part of political campaigns. Given the current situation, it is crucial for international students or scholars to know how to not risk their immigration statuses while participating in such political activities. In this case study, non immigration status, demonstration and consequences of criminal activities will be explained. At the end of this blog post, you will have a better idea of what to keep in mind when you consider to step out and involve in mass demonstrations.

Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting the confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.

Contents

• Case study scenario
• The answer based on the regulations is…
• Criminal activity and non immigrants

Case study scenario

I would like to participate in mass demonstrations to show my support to racial equality, but at the same time I don’t want to risk my immigration status. Is it ok for international students or scholars to protest or involve in mass demonstrations?

The answer based on the regulations is…

Generally speaking, protesting is not prohibited under U.S. immigration regulations or other laws. That said, please keep in mind that local laws and state standards concerning the ability to protest can be different. To maintain your immigration status, it is important to pay attention to how the activity goes. If it appears to be threatening or some form of violence starts to happening, it is advisable to leave the area. Although every situation is different, if some kind of disruptive violences evolve, demonstrators including non immigrant students and scholars can be arrested. From immigration standpoint, commission or conviction of certain crimes also may have an impact on the student’s immigration status. In the next section, immigration regulations regarding the criminal activity will be discussed.

Criminal activity and non immigrants

To reiterate, non immigrant students and scholars, who seek to involve in such political activities should be mindful that arrests, criminal charges, criminal proceedings, and convictions can impact student and scholar interactions with immigration officials and future immigration benefits. When a non immigrant fails to follow the U.S. law and regulations, thus fails to maintain status, her/his SEVIS record will be terminated and the non immigrant must leave the country. Since not all crimes impact immigration status, NAFSA; Association of International Educators advises that “If a student has been arrested or charged with a crime, it is extremely important that the student obtain legal counsel that is competent in both criminal law and immigration law, and that the immigration consequences of the criminal defense strategy be taken into account.”

A nonimmigrant’s conviction in a jurisdiction in the United States for a crime of violence for which a sentence of more than one year imprisonment may be imposed (regardless of whether such sentence is in fact imposed) constitutes a failure to maintain status under section 241(a)(1)(C)(i) of the Act. 

8 CFR 214.1(g)

The bottom line is that international students and scholars have free rights to participate in political campaigns and speak up for themselves. However, to not get into any troubles, students and scholars should be extremely careful of how the demonstration goes. If it gets violent and disruptive, it is advisable to leave the place as criminal charges and convictions can have negative impacts on non immigrant’s immigration benefits.