Know Your Rights

Every person with a nonimmigrant status (F-1, J-1, H-1B, etc.) has certain obligations to maintain status in the U.S. You should review and ensure you are meeting all of these obligations by reviewing the relevant Maintaining Your Status web page on the BIO website.

Adhering to all U.S. laws—federal, state, and local—is fundamental for maintaining your nonimmigrant status. It’s important to understand these regulations, follow all required procedures, and remain in full compliance. By staying within the law, you can confidently and calmly respond to inquiries from U.S. immigration officials.

If you are in nonimmigrant status (e.g., F-1, J-1 visa holders), you should carry evidence of registration (Form I-94), as well as other documents that confirm your immigration status (i.e. your I-20, DS-2019, valid EAD card, or I-797 Approval Notice). If you are traveling, always bring the original documents with you. In addition to this, when flying domestically, all individuals must carry adequate identification under REAL ID requirements. When travelling internationally, you can find a list of required documents on BIO's Travel and Re-Entry web page.

If you are questioned by law enforcement or immigration officials, you have certain rights which require you to only provide certain information, such as your name, address, and immigration status. However, if you are lawfully present in the U.S. on a nonimmigrant visa, you may choose to answer basic questions about your status and purpose to clarify your presence. Keep your answers short and polite. Avoid guessing, speculating, or making jokes during the conversation.

If you have any interactions with law enforcement or immigration officials, reach out to BIO so that we can assist you and direct you to relevant resources. You may also wish to contact an attorney. In some circumstances, you may want two attorneys: one criminal and one immigration. Many attorneys only specialize in one area of law.

As an international student or scholar 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 on protest participation, and certain activities could put your visa status at risk. Actions like civil disobedience, attending protests that become unlawful, or being arrested at a demonstration—even unintentionally—could have serious immigration consequences. If you choose to participate in protests, be aware of the legal risks.

You do not have to consent to a search of yourself, your residence, or your belongings without a judicial warrant (not an ICE administrative document). However, police may pat down your clothing if they suspect a weapon. If an officer requests to search you, you have the right to ask if you are required to comply and can refuse unless they have legal grounds. If an officer or immigration agent requests your immigration papers, some noncitizens (e.g., Green Card holders) are legally required to show them. Others may choose to remain silent and consult an attorney. If you have copies or originals of your immigration documents, providing them could help demonstrate your legal nonimmigrant status.

You have the right to remain silent. You are only required to answer questions establishing your identity, citizenship, and immigration status. Anything you tell an officer can later be used against you in court. If you choose to exercise this right, you should state this out loud. However, if you are on a non-immigrant status, be aware that refusing to answer immigration-related questions could result in negative consequences, such as denial of entry to the U.S. or even arrest.

You have the right to receive notice of any charges against you, present your case, and seek legal representation. If you are arrested, you may have the right to a government-appointed lawyer or may need to hire a lawyer (the government does not provide free legal counsel for immigration cases). You may request a lawyer at any time if you are questioned by law enforcement or immigration officials. Exception: You are not entitled to an attorney at a port of entry or U.S. border.

When foreign nationals are arrested or detained, they have the right to have the closest consulate or embassy notified.

The ACLU provides information on how to react when interacting with law enforcement at the airport. The recommendations are summarized below:

• Have your required travel documents ready.
• Answer questions briefly and honestly. You are only required to answer questions establishing your identity and citizenship. However, if you refuse to answer other questions, you may be denied entry.
• CBP may also search your bags and electronic devices. You may refuse to unlock your electronic device, but could be denied entry as a result.
• Do not bring any restricted items. Make sure you follow rules regarding travel with medications, food, or pets.
• You do not have a right to an attorney at the port of entry.
• Stay calm, and try to comply with any requests for additional information or documents.
• Have BIO's contact information on hand. You may also wish to reach out to BIO if you are arriving during our open hours.

The ACLU provides information on how to react when police or ICE are at your home. The recommendations are summarized below:

• Remain calm and do not open the door immediately. You are not legally required to open the door. If you do decide to open the door, you are giving permission to enter your home.
• Ask for identification through the door, such as the individual's badge and identification.
• You do not need to open the door or consent to a search of you or your residence without a judicial warrant (NOT an ICE Administrative Document). If you do allow law enforcement to enter your home, you have the right to ask them to leave at any time, if they entered without a warrant.
• You have the right to remain silent beyond routine questions such as your name and address, and should say this out loud if you choose to exercise this right.
• You have the right to an attorney.

The ACLU provides information on how to react when you are stopped by the police, ICE, or Border Patrol when in transit. The recommendations are summarized below:

• If you are driving and are pulled over by the police, ICE, or Border Patrol, pull your car safely over to the side of the road as soon as you are able.
• Roll down the window and stay seated with your hands visible and resting on the steering wheel. Only get out of the car if you are instructed to do so.
• Provide your name, valid driver’s license, vehicle registration, and proof of insurance when asked.

• If an officer or immigration agent requests your immigration papers, some noncitizens (e.g., Green Card holders) are legally required to show them. Others may choose to remain silent and consult an attorney. If you have copies or originals of your immigration documents, providing them could help demonstrate your legal nonimmigrant status. 

• Stay calm and respectful. You have the right to remain silent beyond routine questions such as your name and address, and should say this out loud if you choose to exercise this right.
• You do not need to consent to a search of you or your belongings without a judicial warrant (NOT an ICE Administrative Document) or unless the officer has probable cause. However, police may pat down your clothing to ensure there is no weapon present.
• If you are a passenger in a vehicle, stay calm and silent, and do not interfere. You may ask if you are free to leave. If the officer says yes, you may leave calmly.

The ACLU provides information on how to react when you are arrested or detained. The recommendations are summarized below:

• Do not resist arrest or detainment.
• Contact an attorney. If you are arrested, you may have the right to a government-appointed lawyer, if not, you have the right to hire your own lawyer. In some circumstances, you may want two attorneys: one criminal and one immigration. Many attorneys only specialize in one area of law. You do not need to answer any questions or sign any documents until you have consulted with a lawyer.

• You have the right to a local phone call. You are advised to identify a predetermined friend or family member whom you should call should you get arrested. That individual (with your permission) can communicate with BIO about the arrest and can also assist you with identifying and securing an immigration attorney and other necessary resources. If you have concerns about a possible arrest, then you might want to set up your action plan in advance. Calls to an attorney are generally private, but detention facilities may monitor other calls.

• You may request that your consulate is notified.
• Certain arrests or convictions can lead to your visa being revoked. Reach out to the Berkeley International Office as soon as possible to discuss immigration impacts.

The ACLU provides information on how to react if you believe your rights are violated. The recommendations are summarized below:

• Write down everything you remember, including: officer’s badge and patrol car numbers, what agency the officers were from, what questions they were asking, and any other details you can remember.
• Get contact information for any witnesses at the scene.
• If you were injured, seek medical attention and take photographs of your injuries.
• Contact an attorney. In some circumstances, you may want two attorneys: one criminal and one immigration. Many attorneys only specialize in one area of law.