Protest and Activism: Know Your Rights

Engaging in Protests and Free Expression as International Students

Free Expression is a cornerstone of UW–Madison’s values and the U.S. Constitution’s First Amendment rights. UW–Madison has several policies and guidelines on freedom of expression (“expressive activity”) and political activity on campus. It is very important to understand university policies and state and federal laws regarding freedom of expression and what is considered to be protected expression versus breaking the law.

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. They are allowed to participate in lawful public protests and demonstrations. 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 nonimmigrant 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lead to your F-1/J-1 student visa being revoked by the U.S. Department of State, which means that your current visa is no longer valid.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.

Address any questions about your status with an ISS advisor.

We encourage students who are interested in participating in protests or other forms of activism to understand their rights.

Planning Ahead: Practicing Free Expression as an International Student

It is important to plan for safe engagement in activities of free expression.

1. Familiarize yourself with the “expressive activity.”
2. Plan to go with friends and inform others that you are planning to participate.
3. Carry a printout of your I-94 arrival/departure record and have electronic access to copies of your passport, F/J visa, and your Form I-20/DS-2019.
4. Have a plan to prioritize your safety and who to call/what to do if you are detained or arrested.
5. Remain calm and respectful of law enforcement.
6. Carry Know Your Rights information with you.
7. Read what protest organizers post about their planned demonstrations so you know the route and can make an informed decision before you go.
8. Only participate in peaceful events and be prepared to leave immediately if there are any indications that they will turn violent.

Know Your Rights

You have the right to remain silent and not discuss your citizenship or immigration status with the police, immigration agents, or other officials. Read about how to respond to immigration questions if you are stopped by the police.