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Know Your Rights

It’s important to be aware of the local laws and guidelines in the area where you live and study, as they can vary widely and may differ from what you're familiar with. On this page, you’ll find general guidance on key rules, your rights, and practical tips for staying safe.

Please note: The resources provided here are for informational purposes only and do not constitute legal advice. If you have specific questions about your rights or a particular interaction with U.S. government officials, we strongly encourage you to consult with a qualified immigration attorney.

Tips for Finding a Lawyer

State Law vs. Federal Law

Federal laws apply to everyone in the United States.  State and local laws apply to people who live or work in a particular state, county, or town. As an international student you are expected to comply with all laws and regulations that apply to your situation, including federal laws. Failure to do so can result in a violation of status.

While New York and many U.S. states have recently changed laws related to marijuana, it is still considered a controlled substance by the federal government. International students who possess or use cannabis products may be subject to severe consequences (for example, visa refusal or revocation).  In this case, where state and federal law conflict, international students are always subject to federal law.  It may also be helpful to review SBU's policies on alcohol and substance abuse.

Understanding Your Rights at U.S. Entry Points

International students and scholars who are entering the U.S. should ensure that they have all of the required documents for travel. See the your respective travel page for additional details:

The American Civil Liberties Union (ACLU) provides guidance on your rights when entering the U.S. and what to expect during interactions with Customs and Border Protection (CBP) at airports and other ports of entry.​

Additionally, the American Immigration Lawyers Association offers a flyer detailing electronic device searches at U.S. ports of entry.​

If you routinely experience additional questioning upon entering the U.S., we encourage you to consult with a VIS advisor about your situation. You may also consider submitting an inquiry through the Department of Homeland Security's Traveler Redress Inquiry Program (DHS TRIP), which serves as a single point of contact for individuals who have experienced difficulties during travel screenings at transportation hubs such as airports or U.S. borders. 

For additional information on policy updates that may affect your travel, review our Travel Alerts page.

Protests and Your Rights

As an international visitor or student in the U.S., you do have rights, including the right to peaceful protest. However, it's important to understand how your immigration status can be affected if things don’t go as planned during a demonstration.

Protest and free speech rights in the United States are outlined by the U.S. Constitution. The U.S. Constitution's First Amendment protects people's rights to gather for protests (freedom of assembly), speak out (freedom of speech), and ask the government for changes without reprisal (right to petition).

These rights apply not just to U.S. citizens - they also extend to noncitizens who lawfully participate in public demonstrations. Still, it’s important to be informed. Understanding your rights and how to respond if approached by law enforcement or immigration officials is essential.

Learn more about protester rights in the U.S.

Potential Impact on Your Immigration Status

If you're arrested, charged, or found guilty of breaking the law during a protest, it could seriously impact your current immigration status and future visa eligibility. A conviction, whether for a state or federal offense, can make it difficult to remain in the U.S. or apply for other immigration benefits later on.

If you are arrested, it's critical to speak with a criminal defense attorney right away. While the court can assign a public defender if you cannot afford one, not all attorneys are familiar with how criminal charges or plea deals might affect your immigration status. Whenever possible, seek legal advice from someone with experience in both criminal and immigration law.

Maintaining Your Status

As an international student, your visa requires that you maintain full-time enrollment and make academic progress toward your degree. No matter what’s going on outside the classroom, you must continue attending your classes and meeting the terms of your immigration status.

Also, be aware that violations of the University’s Code of Student Responsibility can have academic and immigration consequences. Staying in good standing with the university is a key part of maintaining your status.

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