Before attending a protest or public demonstration, you should prepare to ensure your safety, understand your rights and risks, and keep in touch with others in the event of an escalation. Please review the resources below and plan carefully.
Protecting Yourself
Before attending a protest, be aware that you could be photographed or filmed, and the content may be posted online without your consent. This is especially critical as the U.S. Citizenship and Immigration Services (USCIS) began considering perceived antisemitic activity on social media in benefit adjudications. This impacts non-citizens applying for lawful permanent resident status, and international students and non-citizens affiliated with educational institutions linked to antisemitic activity.
Key Points to Consider
- Public Visibility: Protests in public spaces can lead to exposure where others might capture your image.
- Online Distribution: Once shared online, you lose control over images or videos, and they can circulate indefinitely.
- Legal Implications: International students and scholars should be particularly cautious due to the enhanced scrutiny by U.S. immigration authorities.
- Stay Informed: Familiarize yourself with local laws and policies regarding privacy and public demonstrations to better understand your rights and risks.
Prioritize your safety and consider the potential implications before participating in public protests.
Your Rights as a Non-Citizen
Understand that you have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Do your homework and read about how to respond to immigration questions if you are stopped by police or other government officials (see bottom of page for translations in different languages).
The Public Safety page provides information about YPD policies and procedures for outside law enforcement presence on campus. This page also provides detailed guidance on what to do when you encounter law enforcement. Please see Guidance for Contacts with Law Enforcement. We encourage you to consult with an attorney before talking to the police or federal immigration agents.
Your Risks as a Non-Citizen
It is essential for you, as a non-citizen, to be aware that if you are arrested, charged, or convicted while participating in a protest, this could impact your current and future immigration status, any future immigration or visa applications, and your interactions with immigration and consular authorities. While participating in a protest, if the law enforcement officials give any instruction to end activities or leave the area, you should comply with those instructions to avoid an arrest or charge. There is a risk of an arrest or charge if you become disrespectful, ignore instructions from law enforcement personnel, or if violence is imminent.
Attorneys recommend carrying a 'red card', which lists and displays a brief explanation of citizen and non-citizen rights under the Fourth and Fifth Amendments. These cards are meant to be presented when law enforcement confronts someone in a vulnerable position. Red cards are available at the front desk of the OISS office. Please stop by during open hours to pick one up.
For information about the Yale Police Department (YPD) arrest protocols and related details, visit Yale Public Safety FAQs (scroll to the bottom of the page).
In addition to considering the possible immigration consequences in the U.S., we encourage you to consider how your actions could be interpreted in your home country and what consequences may result when you return home. Each country has its laws and expectations regarding what is acceptable speech, both at protests and when posting on social media and online.
Guidance About Free Expression and Peaceable Assembly at Yale
Yale has a deep history of fostering expressive activity. As an academic institution dedicated to free inquiry and the search for truth, the university is committed to free expression. The guidelines about free expression and peaceable assembly at Yale (and the relevant FAQs) summarize university policies, provide relevant information, and are intended to promote the exercise of free expression and the safety and security of all university community members.
We also encourage you to familiarize yourself with the policy on the Use of Outdoor Spaces, which outlines the permissions needed before groups may conduct their events in any outdoor space on campus, and the Postering and Chalking Policy, which states reasonable times, places, and manners for posters and chalking to provide equal access to messaging in designated places for the entire community.
Finally, before attending a public demonstration, you should prepare a plan to ensure your safety and to stay connected with others in case of an escalation. Go with friends and have a backup plan.
Comfort with Crowds
If you decide that you are not comfortable participating in person in a demonstration, remember that there are many ways you can make a difference from home. Our community has already gathered and shared many great resources for direct action. A good place to begin researching New Haven community groups is Yale's Dwight Hall.
