U.S. Warns Foreign Students They Could Face Deportation Over Political Activities

U.S. Warns Foreign Students They Could Face Deportation Over Political Activities

The United States has issued a fresh warning to foreign students, including Kenyans studying in the country, over political activities carried out on behalf of foreign governments or organisations without meeting legal disclosure requirements.

The Department of Homeland Security (DHS) issued the warning on Friday, September 18, reminding international students that immigration consequences could follow if they engage in activities that amount to acting as an unregistered foreign agent.

The warning followed an earlier communication from the U.S. Department of Justice (DOJ), which explained that people operating in the United States under the direction or control of a foreign government or organisation may be required to disclose their relationship to U.S. authorities.

“Foreign students must ensure they do not act as unregistered foreign agents. If you do, you will lose your status, be removed from the country, and be unable to complete your studies.”

The warning applies to foreign nationals as well as U.S. citizens. Kenyan students therefore face the same legal requirements if their activities fall within the scope of U.S. rules governing foreign agents.

Political Expression Still Protected

The Justice Department, however, has drawn a distinction between independent political expression and activities conducted on behalf of a foreign principal.

Foreign students remain able to express their political views, discuss political developments and participate in forms of independent advocacy that are protected under U.S. law.

This means that holding an opinion about Kenya’s political affairs, speaking publicly about events in the country or participating in an independent peaceful demonstration does not automatically make a student an unregistered foreign agent.

The issue arises when an individual acts under the direction, control, funding or coordination of a foreign government or organisation in circumstances covered by the relevant disclosure requirements.

The DOJ has cited demonstrations organised to advance the objectives of a foreign power as an example of conduct that could trigger obligations under the Foreign Agents Registration Act and related regulations.

Kenyan Protests in the U.S.

The distinction has particular relevance to Kenyans living and studying in the United States, who have previously participated in demonstrations concerning developments in Kenya.

In July 2024, Kenyans held a demonstration outside the International Monetary Fund headquarters in Washington, D.C., during wider protests over Kenya’s economic and political situation.

The protesters raised concerns about IMF lending, corruption and the use of borrowed funds, while some demonstrations also called for the resignation of President William Ruto.

Based on reports surrounding the demonstration, the protest was presented as an action by Kenyans expressing opposition to the Kenyan government. There was no indication in the information provided that the demonstration was directed or controlled by the Kenyan government or another foreign entity.

Such independent political activity is distinct from acting on behalf of a foreign government.

Immigration Status at Risk

The latest warning nevertheless places greater emphasis on the potential immigration consequences for international students whose political activities cross the legal threshold for acting as an undisclosed foreign agent.

Students found to have violated applicable requirements could face immigration action, potentially affecting their ability to remain in the United States and complete their studies.

The warning comes as U.S. authorities continue introducing and enforcing changes affecting foreign students, including adjustments to student visa rules and the length of stay permitted under certain immigration arrangements.

For Kenyan students, the developments mean that participation in political activities should be considered alongside U.S. immigration and foreign-agent disclosure laws.

The U.S. authorities have not said that foreign students are prohibited from discussing or protesting political issues. Instead, the latest communication focuses on activities undertaken on behalf of foreign governments or organisations and the disclosure obligations that may apply.

Students whose circumstances involve funding, direction or coordination by a foreign government or organisation may need to seek appropriate legal guidance to determine whether registration or disclosure requirements apply to their activities.

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U.S. Warns Foreign Students They Could Face Deportation Over Political Activities