Immigration Status and Arrests

Immigration Status and Arrests

Most students will not get into legal trouble while in the United States. However, in the event that you are stopped by the police or are arrested for something, there are a few things you should know.

The information on this page is very general and should not be considered a substitute for advice from a qualified legal professional about your individual situation. We recommend that you search for an attorney affiliated with the American Immigration Lawyers Association (AILA). AILA is a national association of attorneys and law professors who practice and teach immigration law. In addition, you can review the American Civil Liberties Union, or ACLU's brochure describing how to "Know Your Rights When Encountering Law Enforcement." A good, inexpensive place to start seeking legal assistance for non-criminal matters is through Legal Aid of Southeast and Central Ohio.

Tips:

• Be aware of what else is happening in larger group settings, such as protests, political demonstrations, sporting events, concerts, or parties off-campus. You may not have caused violence/damage yourself, but if you’re part of the group, you could still be charged.

• Laws vary from state to state; make sure you know the rules of the state you are in if you travel. This could mean differences in marijuana legality, rules around alcohol consumption and purchase, etc.

• Keep in mind that your immigration status is granted/managed by the Federal government and not any one state. Violations of Federal laws (whether or not the same action violates state law) could result in consequences for your immigration status.

If you are stopped by police, remain calm. Provide your name when asked, and if driving, provide your license, vehicle registration, and proof of insurance.  Don’t run, resist, or obstruct the officers. Do not lie or give false documents. Don’t offer to pay the officers to “fix” the problem. If you are arrested, we strongly recommend that you have an attorney present when speaking with the police. Police can use any information you tell them to build a case against you, and it is in your best interest to have an attorney present to advise you.

Immigration status complicates almost every legal violation because a guilty plea, a plea of no contest, or even attending a program for offenders may impact immigration status. A US citizen or permanent resident may feel that a specific charge isn’t a “big deal”, because they know they will face a fine or community service. As a visa-holder, you face the same consequences, but with the added possibility of loss of visa, which could result in an inability to complete your degree as planned. An international student facing criminal charges should seek advice from counsel with expertise in both criminal and immigration law. We have added information relevant to several common questions below.