Student Guide to Rights and Protections

Understanding Your Rights

In response to recent incidents involving individuals impersonating law enforcement officers or ICE agents, as well as concerns related to real ICE agents, there has been a rise in anxiety among students, regardless of their citizenship or immigration status. To address these concerns and ensure students have access to accurate information, this guide has been created to provide essential resources and support. This guide aims to clarify the roles of law enforcement, provide steps to verify official agents, and offer guidance on how students can protect themselves and their rights in these situations.

As a student in the U.S., whether you are a citizen, a permanent resident, or an undocumented immigrant, you have rights. This guide provides essential information on your rights related to immigration and free speech.

Remember: It is always important to consult with a licensed attorney or accredited representative with experience in navigating the complexities of immigration law, or for other legal advice, if you are uncertain about your options.

What are your constitutional rights?

The California Constitution and the First Amendment of the U.S. Constitution upholds strong protections for free speech, even when the speech is unpopular, controversial, political, or some might find it offensive. Public colleges and universities are prohibited from establishing or enforcing rules that restrict legally protected expression.

In addition to free speech, the First Amendment safeguards other fundamental rights, including:

• Freedom of Speech – The right to express opinions without government interference or punishment.
• Freedom of Religion – The right to practice any religion or none, free from government influence.
• Freedom of the Press – The right of the media to publish information without government control.
• Freedom of Assembly – The right to gather peacefully for protests or meetings.
• Right to Petition the Government – The right to advocate for changes to laws or policies.

While these rights provide strong protections against government restrictions, they are not absolute and do not extend to speech that incites violence or poses a direct threat.

What to do if someone says they are an ICE Agent?

Ask for Identification: Legitimate ICE agents are required to show their official identification (ID) badge. Ask to see it and take note of their name, badge number, and agency. The ID should include an official photograph and clearly state the person’s position.
Know Your Rights

• The U.S. Constitution provides due process protections to all individuals, regardless of immigration status.
• You have the right to remain silent and and if you are not under arrest, you are not required to provide information beyond basic identification (name, date of birth, etc.).
• You do not have to open your door for ICE unless they present a valid warrant signed by a judge.
• If you are not being detained or arrested, you can ask if you are free to go.
• You have the right to speak with an attorney before answering any questions or signing any documents.
• You have the right to refuse a search unless they have a warrant. Agents may only search your home, car, or personal property with your consent or a valid search warrant.

How to Stay Safe

• Always carry valid identification, such as a work permit, green card, state ID, or Real ID. 
• According to USCIS, if you are a permanent resident aged 18 or older, you must carry a valid green card with you at all times. (Consider making a photocopy or keeping a digital copy on your phone as a backup in case you lose your original.)
• Keep copies of important documents, including identification, legal papers, and emergency contacts, in a secure location.
• Be mindful of sharing personal information, including immigration status, in public spaces, with unfamiliar individuals, or on social media.
• If approached by law enforcement, you may request to see a signed judicial warrant before opening your door.
• Ask officers to show a signed judicial warrant before opening your doors.
• Consider carrying a “know-your-rights” card to present if questioned by an immigration officer.

You have the right to speak to a lawyer:

• You have the right to say, “I would like to speak with my attorney.”
• You may request to have your lawyer present if questioned by ICE or other law enforcement.
• You are not required to show any documents before consulting with legal counsel.

Limitations on Free Speech: Understanding Unprotected Speech

While the California Constitution and the First Amendment of the U.S. Constitution provide strong protections for free speech, not all speech is protected. Certain types of speech fall outside constitutional protections and may be subject to disciplinary action or legal consequences.

Types of Unprotected Speech

1. Obscenity – Content that is highly offensive and lacks any educational, artistic, or social value.
2. Defamation – False statements that damage an individual's reputation.
3. Harassment – Speech that targets an individual with the intent to threaten, intimidate, or create a hostile environment.
4. Inciting Violence – Speech that encourages immediate unlawful or violent action.
5. True Threats – Statements that would cause a reasonable person to fear physical harm.

Key Takeaway

Free speech is a fundamental right, but it has limits. Understanding these boundaries ensures a safe and respectful campus environment while upholding constitutional protections.

Legal Support

This guide includes general information about immigrant rights in the U.S. This information should not be construed as legal advice. Only a licensed attorney or accredited representative can provide you with legal advice. Here are a few resources on finding an attorney:

-  East Bay Community Law Center
-  Bay Area Legal Aid
-  LawHelpCA.Org
-  California Collaborative for Immigrant Justice
-  Immigrant Legal Resource Center

Additional KYR Guides & Resources

-  ACLU - Know Your Rights
-  National Immigration Law Center: Know Your Rights
-  Immigrant Legal Resource Center

Learn Your Rights and Legal Risks for Protesting

• Your Rights as a Non-Citizen
• Your Risks as a Non-Citizen

Additional Resource:  Know Your Rights: Immigrants’ Participation in Protests

Potential Immigration Impact

If you’re an international student and you are arrested, convicted, or suspended or expelled from your academic program, you may be unable to remain a full-time registered student—a legal requirement for student status in the U.S. If you’re an international scholar, your immigration status and future visa applications depend on keeping a clean record by following all state and federal laws. 

Find more information about maintaining your status for F1 Status (Maintaining your F1 Status)

Your Rights as a Non-Citizen

As a non-citizen in the U.S., you have the right to remain silent. You are not required to discuss your immigration or citizenship status with police, immigration agents, or other government officials. If you are approached or questioned, it's important to stay calm and know your rights. Do your homework and read about how to respond to immigration questions. We strongly recommend consulting with an immigration attorney before making any legal decisions or taking action.

Participating in protests carries additional risks for non-citizens. If you are arrested, charged, or convicted—regardless of the severity—it may affect your current immigration status, future visa applications, and your ability to remain in or return to the U.S.

To minimize risk:

• Follow all instructions from law enforcement.
• Leave the area if ordered to disperse.
• Avoid confrontations, disrespectful behavior, or any acts that could be perceived as violent or unlawful.

Actions taken in the U.S. can also have implications in your home country, including legal or reputational consequences upon your return.

Your Risks as a International Student 

Each country has its own laws and expectations regarding what is acceptable speech both at protests and when posting on social media and online. International students are protected by the First Amendment of the U.S. Constitution when they are in the United States as F-1 or J-1 students. However, as non-immigrant students, it is important to be aware of how expressive activity, such as participation in a protest or demonstration, may impact your F-1 or J-1 status.

International students and scholars (e.g., on F-1 or J-1 visas) are legally required to maintain full-time enrollment and follow U.S. laws to retain valid immigration status. If you are arrested or detained by police for violating state or federal law, an arrest record can impact your nonimmigrant student status, even if all charges against you are dropped. This may lead to your F-1/J-1 student visa being revoked by the U.S. Department of State, which means that your current visa is no longer valid. Depending on the circumstances, an arrest could lead to deportation or a bar to enter the U.S. in the future.

As an international scholar, your immigration status and future visa applications depend on keeping a clean record by following all state and federal laws. While you are protected by the First Amendment—which includes the right to participate in peaceful, lawful protests—any arrest, even without a conviction, can:

• Lead to visa revocation by the U.S. Department of State.
• Jeopardize your F-1 or J-1 status.
• Result in deportation or future inadmissibility to the U.S.
• Impact your enrollment or academic standing if disciplinary action is taken by your school.

Additionally, each country interprets public speech, protest activity, and social media use differently. Be mindful of how your actions could be viewed abroad.