International Students' Rights and Responsibilities in the United States

The United States Constitution guarantees certain rights to all people living in this country. In general, international students in the United States enjoy most of the same constitutional protections as citizens and permanent residents.

However, international students, like all nonimmigrants, are subject to immigration laws that do not apply to citizens and permanent residents. These laws regulate nonimmigrants' entry to the United States, the conditions under which they may remain in the country and re-enter after traveling abroad, and eligibility for such immigration benefits as employment or change of status.

Rights
International students enjoy freedom of speech, freedom of assembly, protection from unreasonable searches and seizures, and the other protections included in the U.S. Bill of Rights, the first ten amendments to the Constitution of the United States. You may express your views freely and join with others to express and publish ideas, popular or unpopular, as long as these expressions are made in an orderly and peaceful manner.

Given the increased surveillance and vigilance of potential security concerns by federal, state, and local governments, situations may arise where international students experience a restriction on traditional rights. This can be especially true in settings such as demonstrations. International students are cautioned to be aware of the consequences before taking part in acts of civil disobedience or other forms of protest. Students are encouraged to consult the OISS for updates on these matters.

International students are protected against discrimination on the grounds of race, religion, color, and national origin. Federal, state, municipal, and university rules protect citizens and international students from most forms of discrimination. There is a distinction between discrimination based on national origin and immigration status, however. Students may not be denied employment because of the country of their birth or citizenship, but they can be denied employment because they are not eligible to work in the United States. Employers are not required by law to file employment petitions for foreign-national workers. The university policy on affirmative action/equal opportunity includes the following statement: "New York University is committed to a policy of equal treatment and opportunity in every aspect of its relations with its faculty, students, and staff members, without regard to age, citizenship status, color, disability, marital or parental status, national origin, race, religion, sex or sexual orientation."

In the extremely rare instance that an NYU student is arrested or detained, the university should be informed immediately. Individuals who are arrested in the United States have a right not to incriminate themselves, a right to an attorney, and the right to know what the charges are. Indeed, individuals must be charged with a crime to be held in police custody for an extended period of time. Federal law enforcement agencies-the Federal Bureau of Investigation, the U.S. Department of Homeland Security-however, are not constrained by the limits on criminal proceedings when investigating matters pertaining to national security. Any foreign student who is arrested is urged to contact the OISS immediately. Although the university cannot provide legal services, the OISS can consult with attorneys on a student's behalf and contact family, friends, or others as requested.

Responsibilities
The concept of individual rights carries with it a fundamental belief in individual responsibility. In the United States, ignorance of the law is not a valid defense against prosecution for violations. All visitors are expected to know and obey the laws of the United States while residing here. Students should be particularly aware of the following statutes.

• A valid driver's license is required to drive an automobile. Drivers are required to know and obey traffic laws. Automobiles must be insured.
• It is illegal for all individuals under the age of 21 to purchase and consume alcohol. It is illegal tosell or give alcohol to someone who is under 21.
• It is illegal to sell or use controlled substances. It is not unusual to be approached by someone selling drugs or to see them being used, especially in some of the city's parks. These are situations best to ignore.
• It is illegal to abuse one's spouse or children; parents are required by law to supervise all children under 18 years of age.

The Rights and Responsibilities of NYU Students
Students are expected to be familiar with university rules, regulations, and procedures. The following section is from The Student Guide to NYU, published by the Student Resource Center. It is imperative that all international students have a thorough understanding of the information contained in the Student Guide.

Students should conduct themselves as mature and law abiding members of both the university community and the general community. Behavior that jeopardizes the health or safety of the university community is subject to review and possible penalty in accordance with the procedures and practices of the university.

All members of the university community, students, faculty and staff, shall comply with city, state, and federal laws and ordinances affecting the maintenance of order on university premises. Members of the university community include university administrators, faculty or student marshals designated by university administration, and university security officers.

All members of the NYU community are prohibited from engaging in conduct leading to or resulting in any of the following:

• interference with or disruption of the regular operations of the university
• denial of or unreasonable interference with the rights of others
• damage to university property
• unauthorized access to or occupation of nonpublic areas on university premises or unauthorized access to or use of personal property, including files and records
• reckless or intentional endangerment of the mental or physical health of another

During the course of duties, any authorized member of the university community may request identification from members of the university community. Normally, the university does not interfere with the rights of a student outside the university campus. Academic freedom is a vital component of life at NYU. The university cannot tolerate suppression of ideas or the forceful disruption of the regular and essential operations of the university community. Regardless of sincerity, no individual or group of individuals has the right to disrupt or interfere unreasonably with the workings of the university.

Students who wish to file a grievance should contact the person with whom there is a grievance and try to resolve it informally within 20 working days of the occurrence. If the grievance is not resolved informally within fifteen working days, a student can submit a written complaint to the Office of the Executive Assistant to the President, the respondent, and the appropriate university appeal officer. The complaint shall state the written policy of the school or university that has been violated, describe the facts and evidence supporting the violation, indicate what redress the student seeks, and provide a brief history of the attempts to solve the grievance.

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