Understanding your legal rights and responsibilities is essential when living in the United States, especially as norms and laws may differ from those in your home country. All individuals in the U.S., including international students and scholars, are entitled to certain fundamental rights that must be upheld by authorities such as the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI) and local police.

WashU Policies

As a member of the WashU community, you are expected to follow WashU Policies. Familiarize yourself with these policies, as well as the WashU Student Conduct Code to avoid academic, and potentially legal, consequences. Even innocent violations of the law could have serious consequences for your immigration status. We recommend you get to know WashU policies governing academic integrity, research and intellectual property, alcohol and drug use, and discrimination and harassment.

Know your rights in the U.S.

All individuals in the U.S. have the following rights, regardless of immigration status, country of origin, or citizenship:

  • Right to remain silent. You can inform law enforcement that you are using your fifth amendment right to remain silent and that you will not answer any questions without a lawyer present.
  • Guarantee of “due process” and “equal protection under the law,” which means you have the right to an attorney and a right to a hearing before a judge in most cases.
  • Right to refuse entry and/or search unless an appropriate warrant is presented.
  • Right to speak to an attorney/lawyer.
  • Right to contact your country’s Consulate.

Interactions with law enforcement

There are many circumstances in which you may have interactions with law enforcement officials. This may include police officers, Customs and Border Protection (CBP), DHS, FBI and Immigration and Customs Enforcement (ICE). Remember, many of these interactions are routine and normal. However, it is important that you are prepared.

Port of Entry or U.S. border

At an airport, immigration authorities are permitted to:

  • Search you, your bags, your phone and electronic devices.
  • Take and keep your electronic devices. Ask for a receipt with information about your device and contact information of the officer for you to follow up.

At a land border, immigration authorities are permitted to:

  • Search you and others in the vehicle.
  • Search the outside and inside of the vehicle, including anything inside it.

Visit to your home

  • You are not legally required to open the door. If you do decide to open the door, you are giving permission for them to enter your home.
  • Both the police and ICE agents must have a warrant to enter and search your home. An ICE agent cannot use an administrative warrant (which is not signed by a judge) to enter your home.
  • If you do allow law enforcement to enter your home, you have the right to ask them to leave at any time, if they entered without a warrant. You can say: “I choose to exercise my right to remain silent. I do not want to answer any questions without an attorney present. I do not consent to a search.”

Driving or a passenger in a vehicle

If you are driving and get pulled over:

  • If a police officer is behind you with lights and siren on, pull your vehicle over to the side of the road or pull off to the first safe place. Do not exit the car. Wait for the police officer to approach your vehicle.
  • If asked, you must give your full legal name and show your valid state-issued driver’s license. Police will likely also ask for proof of insurance and vehicle registration. If you show a foreign ID, it is possible that police will use it to verify your immigration status.

If you are involved in a car accident or collision:

  • Call 911 if anyone is seriously injured.
  • Exchange contact information and insurance information with others involved in the accident.
  • You have the right to call the police and have them file a report.

Arrests or detainments

Do not resist arrest! Even if you believe the arrest is wrongful, it is important that you do not physically resist a police officer. Instead, remember your rights.

  • Right to remain silent. If the officer questions you, you can say “I choose to exercise my right to remain silent. I will not answer any questions without an attorney present.”​
  • Right to make a local phone call. Give your family or lawyer your location so that they can reach you.​
  • Right to talk to an attorney/lawyer before signing any documents.
  • Right to a public defender. We recommend that you consult with both a criminal lawyer and immigration lawyer if you are arrested. However, if you truly cannot afford a lawyer, you have the right to request a public defender.

If you feel your rights are violated

  • Do not physically resist or threaten a law enforcement officer.​
  • Write down everything you can remember, including officers’ names, patrol car numbers and any other details. Get contact information for witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • Contact an attorney. In some circumstances, you may want two attorneys: one criminal and one immigration. Many attorneys only specialize in one area of law.

Your obligation to maintain your non-immigrant status

Every person with a non-immigrant status (F-1, J-1, H-1B, TN, O-1, etc.) has certain obligations to maintain status in the U.S. You should review and ensure you are meeting all of these obligations by reviewing your immigration status responsibilities on the Maintaining Status section of the OISS website.

Resources

American Civil Liberties Union (ACLU)

American Immigration Lawyer Association (AILA)