Immigration Policy Changes FAQ

See NAFSA: Association of International Educators page on Current Administration Executive and Regulatory Actions for detailed summaries of current executive and federal agency actions impacting the international education community

NAFSA: also offers an excellent summary of the U.S. immigration system, government agencies and the process of change on their Practical Immigration Concepts in a Time of Change webpage. More detailed information can also be found in the following sources (from full resource list at NAFSA.org):

• How Laws are Made and Presidential Executive Orders available on the USA.gov website
• Series of videos describing the legislative process available on the Congress.gov website
• Guide to the Rulemaking Process by the Office of the Federal Register

BIO supports our diverse student, scholar and employee populations and is continuing to monitor this situation closely. We will provide updated information through this website and email updates. Should you have any immediate concerns please contact BIO to speak with an adviser.

At this time, there is no information regarding what actual changes we will see in the future for any particular visa category. Current regulations remain in place, until any changes the new administration chooses to make. Be aware that changes in laws or regulations take time and will have advance warning.

Changes in policy or guidance and executive orders may happen more quickly and may take effect immediately. BIO will continue to monitor any decisions impacting our student and scholar populations, and will provide updated information as it is available through this website and via email. 

BIO advocates for our international students and scholars on a campus and community level by continuing to provide education, training, and advising for campus partners and stakeholders regarding the complex issues facing our student and scholar population.

BIO is a member of NAFSA: Association of International Educators, which advocates for public policies that lead to a more globally informed, welcoming, and engaged United States. 

On a national level, BIO works in partnership with the UC Berkeley Government and Community Relations team and the University of California's Office of Federal Governmental Relations to advocate for regulations and policies supportive of our international community. 

Please visit BIO with any F-1/J-1 immigration concerns or questions. Our Advisers provide a welcoming, safe environment to explore any worries you may have related to your visa status, as well as explore options and benefits available your current or future plans. For complex issues beyond our scope, we can assist you in finding a referral for an immigration attorney.

Berkeley International Office understands that our community may have concerns about immigration policy changes, and as well as the cultural and political climate that our international students, scholars and employees encounter in the United States. We encourage our international community to seek resources to support their mental health and well-being as we navigate this period of anxiety and change. Here are a few resources that may be helpful to you during this time:

• UHS Coping with Election-Related Stress resources 

• Protesting Safely resources (The American Civil Liberties Union has a series of Know Your Rights resources available including being stopped by police, and attending demonstrations/protests. Please think carefully before engaging in protest activities, as arrests can seriously impact immigration status or future visa applications.)

In general, UC Berkeley and EAP students can access resources through Counseling and Psychological Services (CAPS), including individual confidential counseling appointments, groups, self-help tools, and more. Here are some options for accessing support from CAPS:

• Drop-in is crisis counseling is available 10am – 5pm Mon – Friday. No cost and no need for an appointment
• Make an appointment with a counselor by calling 642-9494. Let us know if you would like to meet with a specific counselor or counselor from a particular background
• Drop-in consultation is available at satellite locations, For a schedule visit the UHS  Let's Talk page.
• Support during weekends and evenings (when CAPS is closed) – Call 855-817-5667

UC Berkeley employees and Visiting Scholars or postdocs can find support through the Employee Assistance Program  which provides free, confidential counseling and referrals. You can also contact Employee Assistance at 643-7754 with questions or to make an appointment.

See the Counseling & Psychological Services Response to Recent Events webpage for useful support resources during a time of continuing change.

A good first step is to review the University of California Statement of Principles in Support of Undocumented Members of the UC Community. Additionally, we urge all of our students, staff, faculty, and administration to carefully review this recently prepared FAQ from the Office of the UC President.

The Undocumented Students Program (USP) provides a wealth of information, legal support and resources and has been updated with FAQs and planning for post-election issues. USP also has a Know Your Rights resource that offers helpful information.

NAFSA's Deferred Action for Chilhood Arrivals resource page provides detailed tracking the current state of issues for DACA.

Lastly, there is a rapid response team of campus and outside legal advocates to assist and support with legal advising and advocacy. Members of the team will be available by phone to offer expert legal advice. If you, a student, staff, faculty, or community member becomes aware of ICE officials presence on the campus, please call our Campus Counsel at (510) 642-7791

Those who have witnessed or experienced violence or threats of violence can report to UCPD. In an emergency, call 911 or 510-642-3333. Otherwise, call the non-emergency number: (510) 642-6760.

If you have witnessed or experienced harassment or discrimination based on national origin, ancestry, or other protected categories, you can file a report with the Office for the Prevention of Harassment and Discrimination in any of the following ways:

• Submit a report using the online webform
• Email ask_ophd@berkeley.edu
• Call 510-643-7985

If you are not sure if behavior you observed or experienced is based on any of these protected categories, you are still encouraged to contact OPHD to discuss options and resources.

Confidential resources are available whether or not you make a report. Please consult this Supportal resource.

Berkeley International Office has created a Know Your Rights webpage to assist our international students, scholars, and employees to understand  know their rights and responsibilities in the U.S. as well as resources for more information.

Should you, a student, staff, faculty, or community member become aware of ICE officials presence on campus, UC Berkeley has a rapid response team of campus and outside legal advocates to assist and support with legal advising and advocacy. Members of the team will be available by phone to offer expert legal advice at (510) 642-7791

Counseling and Psychological Services Look for the Signs website can help you to support students or scholars in distress. The Center for Support & Intervention's Violence and Harm Prevention page offers a range of opportunities to educate and empower members of the Cal community to prevent harm and violence in all of its forms.

The  University of California has provided a detailed FAQ for members of the UC community concerned about immigration enforcement actions occurring across the country. See the University of California FAQ for University Employees about Federal Enforcement Actions on University Property. The Presidents Alliance also has a helpful FAQ on Immigration Enforcement on Campuses.

At any time, it is important to avoid any violations of your immigration status. See how to properly maintain your F/J student Status or your J Scholar status or your H1-B status.   In addition to enrollment requirements, address reporting, or employment restrictions individuals in non-immigrant status are expected to refrain from breaking any U.S. state or federal laws or policies. Arrests or convictions that involve violence, drugs or alcohol can have serious or long-lasting impact on current or future immigration status.

Also be aware that while cannibis use is legal in many U.S. states, it remains illegal at the federal level and use constitutes a violation of federal law. Use of cannibis, or alcohol/drug-related DUI arrests or convictions due can lead to severe immigration consequences ranging from fines, visa cancellation to deportation.

Engaging in Protests

As an international student, scholar, or employee in the U.S., you have the right to free speech under the First Amendment, though it may be limited in certain ways. You can express your opinions, join protests, and engage in discussions without government interference. However, threats, hate speech, or inciting violence are not protected. Additionally, while peaceful protest is generally legal, a recent executive order has increased scrutiny and enforcement related to protest participation, and certain activities could put your visa status at risk. In light of these measures, and although we recognize that international students, researchers, and employees on visas sponsored by UC Berkeley have the right to engage lawfully in expressive activity, we advise you to understand the potential increased risks involved in participating in such activity.  If you are represented by a union please consult with a union steward about potential risks. 

Legal Support

If you are arrested or have any legal concerns, please contact Berkeley International Office immediately. In such cases, we urge you to retain immigration legal counsel to advise you as to next steps and possible consequences. UC Berkeley Student Legal Services provides legal resources related to California law for enrolled students, but cannot advise on immigration issues. BIO can provide you with  immigration legal referrals.