Alen Takhsh, a practicing immigration lawyer in Evanston, immigrated to the United States from Iran in 1992. He established Takhsh Law P.C. in 2011, and since then, he has helped Evanston residents, including a number of Northwestern students, with legal challenges related to immigration.
The Daily sat down with Takhsh to discuss his advice for international students following the recent news of visa terminations at NU.
This interview has been lightly edited for brevity and clarity.
The Daily: What is your advice to students who are worried their visas might be terminated?
Takhsh: I will tell them that if they are someone who belongs to a group that is inciting violence, calling for harm to be done upon their classmates or property to be damaged, all in the name of dissent, I would urge them to rethink their ideologies, their opinions and their methodology. If they are somebody who feels compelled to voice their dissent, peacefully, respectfully, I would tell them to continue to do that because I don’t think they should be fearful that their respectful, peaceful dissent will get them in trouble.
Now, those same students, regardless of which school they’re from, have to realize that any time they are presenting themselves for admission to the U.S. on their student visa, they are opening themselves up for scrutiny. The Customs and Border Protection officer at O’Hare Airport has every bit of (a) right to ask to see their cell phones, ask to see their laptops, search their persons, search their luggage. To the extent that they believe they have information or images that could be construed as being contrary to the U.S.’s current stated foreign policy, I would urge them to refrain from having such material on their person.
It saddens me, of course, to say all of this because I have not met one student, from any school for that matter, let alone Northwestern, that I felt had ill will in their heart. These are decent people from decent families, who are working hard, who are sometimes espousing opinions that might be contrary to my opinions. But that’s what America is all about — having differing opinions coming to the aforementioned table to talk things through, to make our society — our country — a better version of itself.
I would say just be vigilant. I’m not in the business of helping people evade the law, but I am in the business of making people aware of how they might be perceived by somebody who has the cloak of authority around them. So be careful, because not everything is as it used to be.
The Daily: What are the legal options for students whose visas have been terminated?
The revocation of visas is a discretionary matter in the hands of the U.S. Department of State, and for the most part, the options are quite limited. There is no appeal process per se. Certain individuals may avail themselves of litigation, and I am aware of certain steps being taken by some of my colleagues who will be litigating some of these cases in federal court. But as a matter of an immediate step, there’s really not much that can be done.
The Daily: What are some things you think international students should understand about their rights?
When approached by individuals working for the Department of Homeland Security or FBI or whoever, students should remember that there is still some semblance of due process out there where they have the right to get an attorney. They have the right to remain silent. They are not obliged to answer any and all questions posed to them when approached by law enforcement.
Of course, it’s a very scary proposition. It’s a very scary situation. Your immediate reaction tends to be I want to say as much as possible, as quickly as possible because I have nothing to hide. I’ve done nothing wrong. But it is precisely at that moment that I think that students who are approached by law enforcement should take a deep breath and say, “You know, respectfully, sir or madam, I’d like to speak with my lawyer, or I would like to exercise my right to call an attorney.”
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