Can an International Student/Scholar Attend a Protest or Demonstration?

As long as the activities are peaceful and comply with applicable law and MIT policy – including MIT’s Rules for Campus Protests and Demonstrations – – then it is generally permissible for international students/scholars to participate in protest and demonstration activities.  However, if law enforcement or MIT officials give any instruction to end or modify activities, or leave the area, students/scholars should comply with those instructions.  In addition, in light of recent federal enforcement actions, international students/scholars should carefully evaluate the potential impact of their protest and demonstration activities on their immigration status. 

An arrest, even if criminal or civil charges are not filed or are dismissed, could impact an international student/scholar’s future interaction with immigration officials and could negatively impact their current or future immigration status and ability to enter or remain in the U.S.  In certain circumstances, an arrest may also be reportable to DHS and/or impact a student’s entry visa.  If a student/scholar is arrested, it will be very important for them to consult with a criminal attorney in connection with any legal proceedings. While a court will assign an individual an attorney if they cannot afford one (known as a Public Defender), please note that not all attorneys are equally familiar with the impact on immigration status of an arrest or acceptance of certain plea agreements. 

If you need to connect with an attorney in these situations, please contact the MIT International Students Office (ISO) or MIT International Scholars Office (ISchO) and we can provide a list of referral attorneys.
It will likely be necessary to consult with both a criminal attorney and an immigration attorney (unless the criminal attorney has an immigration law background).

MIT Campus Policies

*Guidelines for Campus Activism

Additional External Resources

American Civil Liberties Union (ACLU)
“Know Your Rights – Protesters’ Rights”
“Know Your Rights – Stopped by Police”
“Know Your Rights – Immigrants’ Rights”
“Know Your Rights – What To Do When Encountering Questions from Law Enforcement”

Resources for Personal Legal Matters – MIT Office of General Counsel
https://ogc-dev.mit.edu/resources/personal-legal-matters