ICE Detentions and Student Protests: What Non-Citizens Should Know Before Attending Demonstrations

Since the start of 2025, there have been multiple distressing incidents of Immigration and Customs Enforcement (ICE) detaining student protesters. These occurrences have heightened worry and concern among international students nationwide.

International students are uncertain about their ability to participate in political protests or voice opinions on social media. If you’re in the U.S. on an F-1 visa, the current landscape of immigration law related to student political activism can be daunting. However, our team of informed and experienced immigration attorneys is here to provide the support you need to navigate this new reality.

International Students and Protests

Under the current administration, ICE agents have a broad range of authority when targeting F-1 visa holders participating in political activity.

Any action remotely considered a threat to national security or countering foreign policy can be used as grounds to detain non-immigrant visa holders. These actions include protests, social media posts, and op-eds. In addition, prior minor infractions, such as a DUI, are being used to detain politically active non-immigrant student visa holders.

Like U.S. citizens, international students may have strong political views that guide them to political action and speaking out. However, U.S. immigration law does not fully provide the same protections to non-citizens as it does to U.S. citizens.

While the First Amendment protects everyone’s freedom of speech and right to peaceful assembly in the U.S., including non-citizens, the consequences vary. Any laws violated by a non-citizen’s political activism can result in changes to their immigration status.

Can Visa Holders Protest in the U.S?

Yes, visa holders can protest in the U.S. Non-citizens are allowed to protest if their activities are peaceful and comply with the law. Engaging in nonviolent protest on public properties is lawful.

Protests involving trespassing, property damage, resisting arrest, or blocking traffic can result in criminal charges. If charges are implemented, ICE may consider detainment or even deportation.

Rights of Non-Citizens at Protests

When it comes to protests and political activism, F-Visa holders do have rights. Awareness of these rights is crucial, especially if you are arrested at a rally or due to any form of political activism.

• The right to remain silent means you do not have to answer any questions without a lawyer.
• You have the right to an attorney and can request a lawyer when detained.
• You have the right to refuse consent to searches of yourself, your home, or your car. ICE only has the right to search if there is probable cause.
• You have the right to request an interpreter if you have difficulty understanding or reading English.
• You have the right to request a copy of your immigration papers, but we advise always having one with you.
• You have the right to contact your consulate about your detention.

We highly recommend keeping a trusted immigration lawyer’s contact information with you at all times.

Protest Risks for Student Visa Holders

There are several key risks associated with students on F-1 visas protesting.

• An arrest can lead to ICE involvement.
• If the university takes disciplinary action, your visa could be put at risk.
• Travel limitations may occur, including reentry into the U.S.
• Pictures and recordings of protests are common and may lead to your image being made public.

Immigration Consequences of Protesting

While the First Amendment protects peaceful protesting, F-1 visa holders must be mindful of following all protesting laws and respecting authority. Possible consequences of protesting must be considered when participating in political activism.

• Visa revocation. Your visa may be revoked if you are arrested, charged, or convicted due to actions during a protest.
• Deportation. Depending on the reason for your detainment, you may be deported.
• Future visa denials. A criminal record could mean you are denied future entrance to the U.S.
• Academic status. You could face suspension and expulsion from your college or university.

F-1 Visa and Political Activity

ICE agents are given a broad range of authority to target F-1 visa holders participating in political activity. Any action deemed a threat to national security or countering foreign policy can be used as grounds to detain non-immigrant visa holders.

If you are participating in a protest, remember to stay peaceful, abide by the law, and carry the contact information of an immigration attorney. Call or email us before exercising political activism to ensure you understand your rights.