ISSS has compiled the following information about free speech and the rights of non-citizens who attend protests in the United States, but this information is general in nature. The decision to attend a protest is a highly personal decision, and you must carefully weigh the risks and benefits.
International students and scholars may have questions about whether it is acceptable to participate in demonstrations and protests while they are in the United States. Protest and free speech rights in the United States are outlined by the Constitution, including the First Amendment, which protects protests as a form of free speech as long as they remain peaceful, do not pose a threat to others, and do not break laws.
Factors to Consider
Consider these and other factors when deciding whether to participate in a protest, and consult an immigration attorney if you wish to further discuss the risks.
- Before heading to a protest or demonstration, it is a good idea to learn about immigrants’ rights when interacting with law enforcement. You may consider carrying a red card with you. (These are available at the ISSS front desk.)
- At a public protest, your image may appear through others’ social media accounts without your knowledge or consent. Recent government agency changes have expanded the use of social media vetting. (See ISSS News and Updates.) It is possible that participation in a protest or demonstration could be viewed negatively by some government officials.
- Be aware that arrests (even without convictions), criminal charges, criminal proceedings, and convictions can negatively impact your immigration status, either immediately or in the future.
- Activities must remain peaceful and not pose a threat to the physical well-being of participants, bystanders, or observers. If activities escalate or start to become threatening in nature, disruptive, and/or some form of violence appears to be starting, you should leave the area immediately.
- If law enforcement officials are present it is important to follow their instructions, including leaving the area if that is what they direct.
- Carry emergency contact information if you attend a protest. This may include the name and contact information of a close friend or family member, an immigration attorney, and the ISSS emergency phone number.
- Consider how your actions could be interpreted in your home country. Each country has its own laws and expectations regarding what is acceptable speech both at protests and when posting on social media.
- Check the protest organizers’ guidelines and the expected tone of the event. Also note that the energy and tone of protests can change quickly without notice.
- For on campus protests or demonstrations, review the Civic Responsibilities at the University of Minnesota. Complying with University rules and the code of conduct is part of maintaining your immigration status.
Additional Resources
- American Civil Liberties Union: Protesters’ Rights
- Finding an Immigration Attorney (guidance from ISSS)
- Know Your Rights resources from Student Legal Service and the Binger Center for New Americans