Considerations for International Students

For international students and scholars in the U.S., attending peaceful protests or demonstrations may be protected by the U.S. Constitution. However, if a peaceful protest or demonstration devolves into activity that is prohibited by law, such participation may not be protected by the Constitution. Therefore, international students and scholars in the U.S. should consider the risks of participation in protests and demonstrations, including:

1. Participation: Attendance at demonstrations and protests may be Constitutionally protected as long as the activities remain peaceful, do not pose any threat or harm to others, and do not otherwise run afoul of the law. If a protest or demonstration turns violent or destructive, spreads to areas where prior authorization has not been provided for the protest or demonstration, or if law enforcement gives instructions to disperse, international students and scholars holding immigration visas should consider whether remaining at the protest or demonstration will expose them to potential legal consequences.

2. Impact of Arrests: If an international student or scholar holding an immigration visa is arrested, such an arrest could negatively affect an international student’s or scholar's visa status, future visa issuance, or ability to enter or remain in the U.S. This may be true even if no criminal charges are filed or if charges are dismissed.

3. Immigration Considerations: Arrests, criminal charges, or even participation in protests or demonstrations that turn into activity that is not Constitutionally protected could affect international students’ or scholars’ interactions with U.S. immigration officials, and may impact the student’s or scholar’s immigration status. International students and scholars should also consider how such actions might be viewed by their home country when deciding whether to participate in a protest or demonstration.

4. Safety: International students and scholars are encouraged to consider whether it is in their best interests to leave protests or demonstrations if they become violent, destructive, spread to areas where prior authorization has not been provided for the protest or demonstration, or if law enforcement directs them to do so.

In summary, while international students and scholars may have the Constitutional right to peaceful assembly and free speech, they should carefully consider the potential legal and immigration-related consequences before participating in protests and demonstrations.