Politically Active and Not a U.S. Citizen? Here's What You Should Know About Your Rights
- Tiffani Sharp, Esq.
- Mar 10
- 3 min read
The recent arrest of Mahmoud Khalil, a Palestinian activist and Columbia University alumnus, has brought significant attention to the unique challenges and risks faced by non-U.S. citizens who actively engage in political advocacy. Mr. Khalil, a lawful permanent resident, was arrested by Immigration and Customs Enforcement (ICE) under allegations of affiliation with Hamas, a group designated by the U.S. government as a terrorist organization. His case underscores the importance of understanding both your rights and the potential implications of political participation for non-citizens.
Understanding Your Constitutional Rights
The First Amendment of the U.S. Constitution guarantees fundamental rights—including freedom of speech, peaceful assembly, and petitioning the government—to everyone within the country, regardless of citizenship status. As a non-citizen, you have the right to join peaceful protests, demonstrations, and rallies. However, these rights do not exempt you from facing scrutiny, particularly from immigration authorities or law enforcement agencies.
Special Considerations and Potential Risks
While you have constitutionally protected rights, non-citizens—including lawful permanent residents, visa holders, asylum seekers, and undocumented immigrants—often face heightened scrutiny and potential risks when engaging in activism. Authorities may interpret your actions differently or subject you to closer surveillance, as seen in Khalil’s case. Even without criminal charges, allegations alone can lead to serious immigration consequences, such as detention or deportation proceedings.
Legal Restrictions Specific to Non-Citizens
As a non-citizen, there are certain political activities that are explicitly restricted or prohibited by law:
Voting: You must never participate in voting in U.S. elections, whether federal, state, or local. Doing so can lead to deportation and permanent inadmissibility to the U.S.
Election Contributions: Non-citizens are prohibited from contributing financially or materially to election campaigns or political parties.
Political Decision-Making: Avoid direct involvement in decision-making processes related to political campaigns or elections.
Affiliations with Designated Groups: Any association, even indirectly, with organizations designated as terrorist groups by the U.S. government can result in severe immigration consequences.
Protecting Your Rights When Interacting with Law Enforcement
Knowing and exercising your rights during interactions with law enforcement can significantly impact your safety and immigration status:
Right to Remain Silent: Clearly assert your right by stating, "I am exercising my right to remain silent," if questioned or detained.
Right to Refuse a Search: You have the right to refuse a search of your person or belongings. If asked, state explicitly, "I do not consent to a search."
Right to Legal Representation: If detained or questioned extensively, clearly state, "I want to speak with an attorney," and refuse to answer further questions without legal counsel present.
Best Practices for Non-Citizen Activists
Educate Yourself: Always understand the local laws and ordinances regulating demonstrations or public gatherings.
Choose Events Wisely: Avoid participation in protests or events that carry high risks, such as those expected to encounter significant law enforcement presence or counter-protests.
Maintain a Low Profile: Minimize your interactions with law enforcement whenever possible, avoiding actions that could escalate into arrest or prolonged questioning.
Identification: Carry valid identification and know what information you must legally provide if stopped by authorities.
Documentation: If safe and possible, document any interactions with law enforcement, including officer names, badge numbers, times, locations, and details of the conversation or interaction.
Proactive Steps to Protect Yourself
Immigration Status Awareness: Be fully aware of your current immigration status, including any conditions or restrictions attached.
Risk Assessment: Regularly assess the potential immigration risks associated with specific forms of activism or public participation.
Emergency Plan: Prepare an emergency plan, including trusted contacts who understand your immigration situation and access to important legal documents.
Professional Legal Guidance is Essential
Given the complexities surrounding immigration and political activism, personalized legal advice can make a critical difference. With over two decades of experience serving undervalued communities, we are dedicated to helping non-citizens safely and confidently engage in activism without jeopardizing their immigration status.
If you have questions or need guidance regarding your rights as a non-citizen activist, please reach out directly to our office. Together, we can ensure your voice is heard while proactively safeguarding your rights and future in the United States.
