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| Legal Rights |
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The Constitution of the United States guarantees certain rights and freedoms to all persons living in the U.S., including foreign nationals. For example, you should not be held in jail for more than 24 hours without being charged of a crime.
The Civil Rights of International Students
The United States Constitution guarantees the right of free assembly and free speech to everyone, regardless of citizenship. You have the right to express your views freely and to join with others in expressing those views. You can publish and propagate ideas, however popular or unpopular, as long as you do it in a peaceful and orderly way. As an international student, you cannot be arrested and/or deported for exercising your right of free speech.
The Constitution also guarantees to all persons, including international students, certain protection against improper investigation, arrest, or conviction for any alleged violation of the law. You are also guaranteed certain rights, including the following:
- The right not to confess or give evidence against yourself.
- The right to refuse to answer any questions if you choose.
- The right not to answer questions by an FBI agent, police officer, etc., without a lawyer present.
- The right to a lawyer to defend you in court.
- NOTE: If you are facing a criminal charge and do not have enough money to hire a lawyer, the court will appoint a lawyer to defend you. If you are in jail, you will be taken to a judge who will set bail. Bail is an amount of money deposited with the court as a pledge that you will appear for your trial.
- The right to a fair trial conducted by the same rules of evidence that apply to American citizens. You are presumed innocent until proven guilty in court. You do not have to prove your innocence. It is the responsibility of the prosecutor to prove your guilt.
If you are in trouble with the law, notify your Administrative Dean. Your Dean's role is to help you understand the law and to encourage you to abide by it. However, if you need legal help, they may be able to refer you to a lawyer or agency that can assist you.
Some international students fear that they will be deported immediately and automatically if they are convicted or even accused of violating the law. This is NOT true. In most cases, a single conviction on a minor offense will not affect your immigration status. Minor crimes include activities such as disturbing the peace, shoplifting, bouncing checks, and driving under the influence of alcohol. Serious crimes may result in a prison sentence, deportation or both. The possession or selling of illicit drugs is an example of a serious crime.
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