GEO and International Student Rights

Frequently Asked Questions
about International Students and the GEO

Here are some frequently asked questions that pertain to international students. You can find more answers to questions like these on our FAQ page. If you still have questions about the GEO or rights, contact the geo at geo@shout.net or call us at 344-8283. We'd be happy to talk with you about any concerns or questions you may have.

Q. Do I have the same Constitutional protections as domestic students?

A. YES, international students have protection under the Constitution. This right has been repeatedly upheld in the U.S. Supreme Court:

• In Yick Wo v. Hopkins, 118 U.S. 356 (1986), the Supreme Court held that the constitution, and in particular the 14th amendment, applied to all inhabitants of the U.S. who are "either permanently or temporarily residing in the territory of the United States."
  • 14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

• In Bridges v. California, 314 U.S. 252 (1941), the Supreme Court ruled that the First Amendment's guarantees of free speech and association apply to internationals.
  • 1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Q. I'm an international student. If I join the Union, will the University retaliate against me? Will I be in danger of losing my assistantship or deportation?

A. No. Every international graduate student, regardless of national origin or type of visa, has the right to join a union. Your right to belong to a union is protected by the right to freedom of association guaranteed in the United States Constitution. The United Nations Universal Declaration of Human Rights Article 20 also says that "Everyone has the right to form and join trade unions for the protection of his (or her) interests." The University's own Statement on Individual Rights from the Code of Policies and Regulations Applying to All Students states that students "have at least the rights and responsibilities common to all citizens." This statement is not exclusionary of international students--it applies to all of us. The University's non-discrimination statement also says that they cannot discriminate against someone because of their "national origin."

That discrimination exists against international students, however, is clear. This is even more of a reason that international students should join the GEO and help fight for union recognition. Only with an union, independent of the University administration, can you be assured that if you are subject to discrimination by the administration that there is a group that will stand behind you and will help to defend you.

In fact, international graduate assistants have many reasons to join the Union and fight for representation:

• The union can provide a voice and advocacy for international graduate students who don't always know the U.S. university system.
• A union can help ensure that departmental hiring practices are clear, open, and fair so that international graduate students don't miss out on work opportunities.
• Since U.S. law prohibits international students from being paid for more than 20 hours per week, the need for a minimum stipend that guarantees a decent living standard is even more critical for them.
• Better and more affordable benefits, a fair and enforceable grievance procedure, higher wages, a voice in our working conditions, and respect as employees are things all assistants and their families deserve.

Links to other web pages about GEO's involvement in issues important to international students:

4/2003: Spouses of International Students Allowed to Obtain Driver's Licenses, Briefly

9/2002: GEO Reacts To New Policy On International Grad Employee Pay

2/2001: International Grads Working for Justice

9/2000-12/2001: International Graduate Assistants Docked Pay!

3/1999: University to End In-State Tuition Benefit for Spouses of Graduate Employees

11/1998: Orchard Downs Residents Call for Renovations to Ailing Grad Housing Units

2/1997: Fair and Just: International Grads Support Unionization

11/1997: Orchard Downs: Keep It Affordable for Graduate Families