Drop Menu Website Template

The basic purpose of laws in the United States, as elsewhere, is to regulate individual and collective conduct in order to insure a reasonable balance between personal freedom and the requirements of an orderly society. U.S. law is based on English common law and has grown over a long period of time into an enormous and necessarily complex system involving the United States Constitution, federal statutes, local ordinances, court decisions, and various regulations issued pursuant to the laws. It is impossible to give a comprehensive description of concepts of U.S. law, but certain basic and important principles of special interest to international students and scholars can be discussed briefly.

A basic principle is that of "rule of law? It means that we are governed by law, not by individuals, and that the law is supreme. The people can change the law only through the proper legislative and judicial procedures. Once the law is established, it must be observed by all, including government officials from the president down through the average law enforcement officer. The principle of the rule of law protects us from arbitrary actions of government and law enforcement authorities; for they are all subject t to the law, and their authority is limited by the law.

The United States Constitution is the supreme law of the land. All other laws must be consistent with the constitution. Those laws or actions of the legislative or executive branches of the government that are not consistent with constitution can be challenged in court and declared invalid or unconstitutional. In this way, statutes, ordinances, and regulations undergo a constant process of testing to be sure that they conform to the principles set forth in the constitution.

The 4^th and 5^th amendments to the U.S. Constitution guarantee due process of law to all persons, including international students and other aliens in the United States. By definition, due process means fairness and substantial justice. Due process of law requires that before life, liberty or property can be denied, orderly procedures must be followed in the enactment, administration, and enforcement of the law.

The 14^th amendment of the U.S. Constitution guarantees to every person (aliens included) equal protection under the Law. Equal protection under the law means that the law is applied to everybody equally, regardless of age, sex, wealth, or race, and that no law may discriminate between persons or classes of persons for arbitrary or capricious reasons. However, there are laws that apply only to certain classes of people, such as aliens, and as long as there is a reasonable basis for these laws, they satisfy the requirements of fairness and justice. Since it has been determined through court cases that most U.S. laws relating to international students and other aliens have a reasonable basis, these laws may limit and modify basic rights and obligations. With these exceptions, international students and other aliens in the United States are subject to the same laws as are American citizens. They are also guaranteed the same protection under the law and the same civil rights as American citizens.

Effect on Immigration Status

Any violation of the law can affect a student's immigration status. Criminal offenses, such as petty theft, drunkenness and disturbing the peace, will not ordinarily directly affect the student's status. Of course, for a more serious criminal violation, there is always the possibility of deportation. Violations of the drug laws and moral offenses are considered especially serious.

Also, students who violate the rules of the University that they are attending and are suspended or dismissed from school, are no longer considered “in status? and thus may be subject to certain penalties. Since being a full-time student was one of the conditions of original entry, failure to maintain that status will result in a violation of the Immigration laws. Sponsored students must keep in mind the particular regulations of their sponsoring agency. If they violate them, their agency may withdraw financial and visa sponsorship, again potentially affecting their legal status.

In addition, students must always consider the attitude of their home government toward their conduct while in this country because their government may cancel their passport, thus affecting their ability to continue to stay in this country.

Even though you may believe that you understand the law or that you are innocent of any alleged violation of the law, you should always seek legal advice on legal questions. A major development in American law has been the protection against self-incrimination. This protection is important because the law is at times so complex that the ordinary person does not fully understand the legal issues and may incriminate himself or herself without knowing it. A citizen defendant should seek advice of an attorney before deciding to represent himself or herself on legal questions. The same reasoning applies to international students. Legal advice is available to University of Hartford international students through the Student Association.

Most of the above discussion relates to criminal law. You should also be aware of the existence of U.S. civil law - that body of laws governing relationships between individuals that does not involve criminal conduct, such as the fulfillment of contracts, payment of bills, business arrangements, and similar matters. Contracts, say be either written or oral, and in either case they are enforceable by law (an example of a contract entered into by many students is the lease for an apartment). If the conditions for a contract are violated by either party, the other party may bring suit in court to enforce the contract or to recover damages. Civil suits may also be initiated to force payment of legitimate bills or financial obligations.

Concepts of U.S. law is excerpted from "Law Concepts and legal rights," Eugene Smith, University of Colorado at Boulder, for 16^th edition of the Asian Orientation Handbook. 1977-78.