UPRISERS Act Proposes Visa Revocation and Deportation for Foreign Students Convicted of Assault or Rioting

The proposed "UPRISERS Act" aims squarely at foreign individuals in the U.S. on student or exchange visitor visas (specifically F, J, or M types). It mandates the Secretary of State to revoke the visa of any such individual convicted of either assaulting a police officer or committing offenses related to rioting. Furthermore, the bill designates these convictions as grounds for deportation.

New Lines Drawn for Student Visas

This isn't about discretionary action; the bill uses mandatory language. If a student holding an F (academic), J (exchange visitor), or M (vocational) visa is convicted of assaulting a police officer or a specified rioting offense, Section 2 requires their visa be revoked. Building on this, Section 3 makes these same convictions grounds for removal, meaning deportation proceedings could follow. The process outlined leaves little room for case-by-case judgment post-conviction.

Decoding "Rioting Offenses"

The bill casts a wide net regarding what constitutes a deportable "offense related to rioting." As detailed in Sections 2 and 3, this isn't limited to direct acts of violence. It includes inciting, organizing, promoting, encouraging, participating in, or even supporting a riot. Committing violence during a riot or aiding someone else involved also falls under this definition. The breadth of terms like "encouraging" or "supporting" raises practical questions about enforcement and what level of involvement could trigger severe consequences.

Consider a student attending a campus demonstration that unexpectedly turns violent. If they are later charged and convicted under one of these broad rioting offense categories – perhaps for being present or for actions interpreted as 'encouraging' others – this bill could lead directly to losing their visa status and facing deportation, regardless of their specific intent or level of participation in any violence.

Potential Chills and Campus Concerns

The automatic link between conviction and these immigration consequences could have a chilling effect on international students' willingness to engage in public discourse or assembly. Faced with the risk of deportation over broadly defined offenses, students might avoid protests or expressing dissenting views altogether. This raises concerns not only for student rights but also for the campus environment and universities that host these international scholars. The ambiguity around terms like 'supporting' a riot could create uncertainty and fear, potentially silencing voices unnecessarily.