Know Your Rights as an International Student

You have federally protected rights as an International Student, regardless of citizenship status. All individuals in the United States have some basic rights, regardless of citizenship or immigration status. 

Your basic rights include:

• Free speech, freedom of expression, freedom to peaceful assembly, and freedom of religion
  • First Amendment rights at school are limited to what a court decides is “disruptive” to campus functioning normally (ACLU)
• Freedom from illegal search and seizure (unless a crime has been committed where the search is taking place)
• Permission to remain silent (you’re not required to say anything that can be used against you)
  • Arizona is a “Stop-Identify” state. If you are asked your name by law enforcement, you must provide your legal name (Immigrant Legal Resource Center)
• Guarantee of due process and equal protection under the law. 
  • You have the right to an attorney* and the right to have a hearing before a judge, in most cases. 

*Exception: in immigration proceedings, you do not have a right to an attorney

Although public sector employees are not protected by the National Labor Relations Act, student workers in Arizona are protected by Arizona Board of Regents (ABOR) policies. 

ABOR holds that it is your right to participate in a labor union; “The Board does not oppose labor organization membership of employees as such membership is their right and in no way affects their employment relationship” (ABOR Policy 6-906). 

Other ABOR policies that affect international students are:

• International Students are defined as “Students” by the ABOR Code of Conduct, thereby protected and held to the same code of conduct as other Arizona students
• As a student worker at one of Arizona’s public universities, ABOR declares that you are entitled to your “full protection of individual rights and freedoms.” 

Joining a Union will not affect your visa or citizenship application or status. 

The U.S. Citizenship and Immigration Services (USCIS) cannot ask you questions about your union membership or lawful union activities. 

• In 2018, the Department of Homeland Security signed an agreement with the Department of Labor that states, “Effective enforcement of labor law is essential to ensure proper wages and working conditions for all covered workers regardless of immigration status.”

Union organizing benefits International Students. 

Unions provide International Students the platform to collectively address workplace concerns, such as earning higher stipends on limited-hour student work visas or not having to pay fees that RAs and TAs don't have to pay. Your union provides a space for student, staff, and faculty workers to unite for better pay, better benefits, and job security.