F-1 Nonimmigrant Rights in the United States
Rights of International Students and Scholars in the United States
We want to reassure you that if you are properly maintaining your U.S. non-immigrant status and appropriately following the U.S. government guidance and regulations, it is the best way to protect yourself and your rights.
As an international student at California College of the Arts (CCA), it’s essential to understand your rights while studying and living in the U.S. This guide outlines key legal rights, as well as practical steps to take if you encounter certain situations. If you have additional questions, please contact CCA’s International Student Services for support
Do International Students Have Rights?
Yes. All individuals, regardless of your immigration status, have guaranteed rights under the Constitution. Learn more from the ACLU here about your rights and how to express them.
Key Rights for International Students and Scholars
- Right to Contact Your Consulate: You can reach out to your country's consulate if needed.
- Freedom of Speech, Expression, Assembly, and Religion: You are entitled to express yourself, participate in peaceful protests, and practice your religion.
- Protection from Illegal Search and Seizure: Law enforcement officials need a warrant to search your property, unless there is evidence of an immediate crime.
- Due Process and Equal Protection: You have the right to an attorney and a fair hearing before a judge.
If Contacted by a U.S. Government Agency
Several agencies, such as local police, FBI, or Department of Homeland Security (including: Immigration & Customs Enforcement, Customs & Border Protection), may request information. Here’s how to handle such situations:
- Be Cautious: If someone claiming to be a government official contacts you, do not share personal information unless you are certain of their identity. Request contact information (Example: Agency Affiliation, Name, Phone Number) to respond back, if necessary after consulting with a professional advisor.
- Contact: CCA International Student Services, your attorney or a trusted advisor immediately.
OPT/STEM OPT Participants
- Know Your Rights at Work: If you’re an F-1 student on OPT or STEM OPT and feel you’re being treated differently or unfairly at work due to changes in the U.S. presidential administration, remember that you have rights as an employee. Contact your Human Resources (HR) department to address any concerns confidentially.
- Seek Support: Familiarize yourself with employee rights under U.S. labor laws, which protect against workplace discrimination, regardless of immigration status. You can review information on worker rights for non-immigrants here: U.S. Department of Labor – Worker Rights.
Pro Bono Legal Organizations
There are pro bono legal organizations in the San Francisco Bay Area that support the rights of non-immigrants and provide resources for issues related to employment and specializing in immigrant rights. Please contact ISS at iss@cca.edu for the most up to date list of these resources.
If you have questions or need assistance, please reach out to CCA’s International Student Services. We're here to support and guide you during your time in the U.S.
Warm regards,
International Student Services
California College of the Arts