Social Media Vetting, Rights, and Resources

Yes. All individuals have basic rights, regardless of immigration status, country of origin, or citizenship. 

As an international student in the U.S., you are entitled to the following rights under the U.S. Constitution and federal law:

• Freedom of speech, expression, peaceful assembly, and religion — You have the right to express your views and beliefs. However, be aware that online activity, including posts, comments, likes, and shared content—even if not created by you—may be reviewed during visa screenings and applications. Exercise your freedom of expression thoughtfully and mindfully, especially in public digital spaces.

• Protection from unlawful search and seizure — Law enforcement must have a valid subpoena or warrant to access personal property (unless a crime is suspected that justifies a search). However, your publicly available online content (including social media profiles) can be reviewed without your knowledge or consent as part of government screening processes.

• Right to remain silent — You are not required to answer questions from law enforcement or immigration officials without an attorney present, especially if the answers could be self-incriminating.

• Right to due process and equal protection under the law — You have the right to legal representation and a hearing before a judge in most circumstances.

• Right to contact your country’s Consulate — You may request to speak with representatives from your home country’s embassy or consulate if you are detained or questioned by U.S. officials.

Who Might Question You?
You may encounter officials from various levels of government, including:

• Local and State Police

• Federal Agencies such as:

  • Federal Bureau of Investigation (FBI)

  • Department of Homeland Security (DHS)

    • Immigration and Customs Enforcement (ICE)

    • Customs and Border Protection (CBP)

Important Note on Digital Presence:

While you have rights protecting your speech and privacy in the U.S., the U.S. government may monitor publicly accessible online information—domestically or abroad—as part of visa processing or security screenings. Be intentional with what you post, share, or engage with on social media platforms, as this information could be reviewed and interpreted during immigration processes.

In some states, you must provide your name to law enforcement officers if you are stopped and asked to identify yourself. In all cases, if you wish to remain silent, you will need to say that you are choosing to remain silent or that you wish to speak to your attorney before answering any questions. 

Yes, you have this right, even if you are not informed of this by a law enforcement officer. You may ask for a lawyer at any time if you are questioned by immigration or law enforcement officials, and you may continue to remain silent if you are still being asked questions. In criminal cases, an attorney may be provided to you if you cannot afford one if you meet certain financial requirements. You must pay for your own attorney in immigration cases. There are many organizations that provide pro bono legal assistance. 

You do not need to speak with an individual on the phone when you cannot visually verify their identification. If you wish, you may ask for a telephone number and then contact the international office or your attorney, if you have one. Some scam phone calls sound like they might be from a government official, so it is always best to be cautious about providing information over the phone.

If a law enforcement or immigration officer knocks on your door, you do not need to open the door. Instead, you may ask them if they have a warrant, and you may ask them to slip it under the door so that you can review it. You may call your attorney (if you have one) or the IU Police Department to ask for assistance.

If you receive a scam call or are uncertain about whether someone is a legitimate law or immigration official, you may call the international office, the University Police Department (UPD), or your local city police department. Police departments are available 24 hours a day, 7 days a week.