Civic Rights, Qualified
Hello friends! The past few months have seen a wave of protests around social justice issues. As non-citizens, international students in the US are entitled with the rights to civic participation and protected by the First Amendment. Technically, this entails free speech on political issues, peaceful public assembly, and protest during non-work hours. But of course, there are caveats.
Can universities retaliate against us? Short answer: yes. Although we have the right to advocate for improving collective working conditions, our working authorization as non-citizens is not protected under scenarios of work stoppage like strike. Universities can use this as a threat to stop international students from protesting against unfair labor policies. And they have done so.
Can universities cancel our funding? Without a strong union presence, nothing substantial can prevent this from happening. This caveat — i.e., our visa is premised on university-authorized funding and full-time enrollment — also means the possibility for universities to retaliate against us for political speeches and actions. For many, discontinuation of funding can lead to the nullification of legal immigration status.
Is being arrested a risk? Yes, particularly for international students of color or from countries not considered as US allies. It is no secret that the US criminal justice system is far from just. For us, there are additional considerations that may require the presence of immigration lawyers. All records of arrest can potentially cause significant delays for visa applications, and some felony convictions can render a non-citizen deportable.
Will our visa be affected? Potentially. It has been recently included as a mandate for visa applicants to report all social media accounts they operate, and it has become more common for border security to confiscate electronic devices owned by “suspicious” travelers. The government can bypass the university and revoke one’s visa for vague reasons like national security.
These caveats make it difficult and risky for us to exert our civic rights, although we are directly affected by many social justice causes like racial equity, labor protection, and immigrant rights. Rights like free speech and protest are technically available, but realistically not. Sometimes, they even become a convenient excuse to place the blame on us not advocating for ourselves instead of the structural hurdles for us to voice our grievances.
See you next Friday.
Sincerely,
An international student
The International Student Caucus is a working group under TAA. In addition to supporting the broader mission of TAA, the I-Caucus connects grad workers invested in advocating for students from all across the globe. Email Trisha trishachanda13@gmail.com to learn more!
