International students and scholars have rights in the U.S., and it is important for you to be aware of those rights. We encourage all members of the Binghamton University campus community to review these resources and understand their rights in different scenarios.
Please be advised that the resources on this page are provided for informational purposes only and are not intended as legal advice. If you have specific questions about your rights or about an interaction with U.S. government agents, we encourage you to contact an experienced immigration attorney.
If you are stopped by police or ICE agents
- The American Civil Liberties Union (ACLU) provides specific guidance about your rights and what to do if stopped by law enforcement agents in a variety of situations.
- The Immigrant Legal Resource Center (ILRC) offers fact sheets and video tutorials for preparing for encounters with federal agents. They also publish Know Your Rights Red Cards, which are available at the ISSS office.
- The New York Department of State Office for New Americans runs a New Americans Hotline, which offers resources and legal help.
If police or ICE agents are at your door
- The ACLU website includes information on what to do when officers are at your home.
- The American Immigration Lawyers Association has provided a flyer on your rights if ICE visits your home.
- The Immigrant Defense Project provides specific information about your rights when interacting with ICE in a variety of situations. These rights may differ depending on where an interaction occurs.
Rights at the airport or other U.S. Ports of Entry
- International students and scholars who are entering the U.S. should ensure that they have all of the required documents for travel. See the ISSS Travel page for additional details.
- The ACLU website has a page specifically about your rights when entering the U.S., as well as what to expect when interacting with Customs and Border Protection (CBP) at the airport or other ports of entry.
- The American Immigration Lawyers Association has provided a flyer on electronic device searches at U.S. Ports of Entry.
- If you routinely experience extra questioning when entering the U.S., we encourage you to speak with an ISSS advisor about your situation. You can also submit an inquiry through the DHS Traveler Redress Inquiry Program (DHS TRIP).
Rights within 100 miles of the U.S. border
- CBP has authority within 100 miles of the U.S. border. This includes most of New York state. The ACLU website includes a page on CBP authority within this zone.
- U.S. federal regulations require that nonimmigrants carry proof of their immigration status at all times. ISSS recommends that individuals in F-1/F-2 or J-1/J-2 status carry a printed copy of their I-94 as documentation of their current status in the U.S. If you are traveling outside the Binghamton area, you should also carry your passport with your F-1 or J-1 visa and your printed I-20 or DS-2019.
SUNY commitments to protecting student data
- SUNY vigorously defends the privacy rights of students and will not release information about a student’s immigration status to anyone, including federal immigration officials, without a validly issued subpoena, court order or search warrant.
- In accordance with New York Executive Order 170.1, the State University of New York and Binghamton University have published clear protocols for interactions with external law enforcement. Any external law enforcement requests should be directed to the University Police Department and campus counsel following the guidance in those protocols.
Additional campus resources
- International Student and Scholar Services provides advising, advocacy, and support to the international community at Binghamton University.
- The Dean of Students CARE Team provides resources, referrals, and advocacy to Binghamton University students.
- The Off Campus College Legal Clinic provides free legal advice for current Binghamton University students.
Additional off-campus resources
- The Higher Ed Immigration Portal (an initiative by the Presidents’ Alliance on Higher Education and Immigration, an organization of college and university leaders) provides additional resources about rights and tips for different scenarios.
- The American Immigration Lawyers Association offers resources and a directory of immigration lawyers.
