There are certain violations of the law that can lead to an international student being deported from the U.S. This brings into focus the fine line these students walk as a protest movement is sweeping across the United States calling for free speech and visa complications.
So, the question arises: can international students exercise their right to free speech through protest like their U.S. citizen counterparts?
An F-1 visa allows a student to temporarily live in the U.S. for a specific period of time while enrolled at a school, college or other forms of academic institutions.
If a student on an F-1 visa is suspended from their educational institution, they are at risk of losing their visa status. F-1 visa regulations require students to maintain full-time enrollment and make satisfactory progress in their course of study. Suspension disrupts this requirement and can lead to the student falling out of status.
As protests and encampments sweep over 130 U.S. universities, resulting in approximately around 2,000 student arrests so far, including 51 at USC, international students are especially at risk.
A student suspended following an arrest would be legally advised by their legal advisors to either apply for reinstatement to regain legal status or leave the United States voluntarily to avoid the risk of deportation.
USC President Carol Folt recently sent out an email to the student body saying, that “the university has initiated disciplinary review processes for individuals who have violated both our policies and law.” Students who had been arrested on April 24 at the Alumni Park encampment received emails from USC noting their arrests.
Other schools including Columbia University have warned that failure to comply with university policies could lead to probation, suspension or expulsion.
Out of the students who were arrested at the pro-Palestian encampment, at least one is an international student. This student declined to comment.
Students have been circulating a screenshot that claims to be of an email sent out by the Malaysian embassy advising citizens studying in the U.S. to not get involved with any demonstrations. It noted, “especially those taking place on campus related to the GAZA issue,” and that citizens should not issue “media statements” on social media. The screenshot also showed a warning that “if you are caught you will be deported immediately.”
Annenberg Media has not been able to authenticate the email.
While the debate intensifies around the participation of international students in political protests, it’s crucial to understand the balance between lawful expression and the stringent requirements of maintaining a valid student visa status.
Politicians have been weighing in. Sen. Marsha Blackburn, a Republican from Tennessee, called for the U.S. government to deport and revoke the F-1 student visas given to international students who are “Hamas sympathizers.”
“I would pull their visa and deport them,” Blackburn said.
Back in October, 19 Republican lawmakers called for the revocation and deportation of international students on F-1 student visas who have “endorsed terrorist activity.” Similar comments were made during the Republican presidential debates.
If the academic institution is able to argue that someone with a visa, such as an F-1 student visa, was to endorse terrorist activities, it could lead to them being placed in deportation proceedings. According to the INA, any non-citizen who engages in or incites terrorist activities is deportable.
If an individual is deported, they generally carry a ban from the U.S., for 5, 10 or 15 years. In many cases, it is said that even after the period of the ban is over, it is difficult to obtain a visa.
Deportable offenses generally include crimes such as potential jail sentences over one year, such as drug/firearms trafficking, rape, murder, or multiple convictions from separate incidents, among other violent felonies.
Trespass, disorderly conduct or resisting/obstructing police officers in making an arrest, usually does not lead to deportation.
There are also exclusion offenses, which deny an international student entry or re-entry into the United States. Being arrested, detained or under police investigation does not lead to a student being excluded. “Failure to appear” at court resulting in an arrest warrant being issued could lead to the consulate requiring the student to produce a police report about the activity that caused the arrest warrant to be issued. Even then, not all convictions lead to exclusion.
Yousef Khafaja, a Palestinian student born and raised in Germany studying at Santa Monica College, said the fear of the consequences he could potentially face as an international student participating in protests has never stopped him from doing so. “Whatever happens to me is not going to be as important as the cause,” Khafaja said.
Khafaja was a part of the UCLA encampment, and this week was “hit with a cone and a metal pole” during violent counter-demonstrations.
In spite of that, he believes in staying peaceful at the protests and not “break[ing] any laws,” in order to avoid being detained or arrested.” I had to look it up,” Khafaja said. “If there are any legal consequences even if I stay peaceful, that could affect my visa, that could affect if I finish my studies or reapply for a visa. And it definitely affects my employment opportunities.”
Khafaja explained the general fear among pro-Palestinian protestors, who are covering their faces to hide their identity, hoping to minimize the risk of them not being employed by certain companies due to their involvement in the protests. “If a future employee, employer or company does not want to give me a job because of what I do or what I did, because I used my right to freedom of speech, because I spoke about Palestine – then I don’t want their job and I don’t want their money,” Khafaja said. “So I’m not concerned about that. But as for my visa, definitely.”
As the debate around these issues evolves, the experiences of these students will likely continue to shape and inform discussions about free speech, immigration policy and international education in the United States.