US Issues Fresh Warning to Foreign Students Over Political Activities

Foreign students in the United States, including Kenyans, have been warned that acting on behalf of foreign governments or organisations without meeting US disclosure requirements could lead to the loss of immigration status and removal from the country.

In a notice issued on Friday, 18 September, the Department of Homeland Security (DHS) said students who operate as unregistered foreign agents could lose their immigration status and be expelled before completing their studies. The warning follows guidance from the Department of Justice (DOJ), which states that individuals acting under the “direction or control” of a foreign power may be required by law to register their affiliation.

The DOJ also stressed that constitutional protections for independent political expression remain in place. Foreign nationals may express their views, take part in peaceful demonstrations and comment publicly on events in their home countries.

The legal distinction arises when political activities are coordinated, funded or directed by a foreign government or organisation. In such cases, registration and disclosure requirements may apply.

Officials identified public demonstrations as one area where concerns could arise, particularly when protests are organised to advance the interests of a foreign power. However, they also cited examples of demonstrations that were conducted independently.

One example was a July 2024 rally outside the International Monetary Fund headquarters in Washington, DC, where Kenyans called for an end to IMF loans and demanded the resignation of President William Ruto. The protest was presented at the time as a grassroots action by Kenyan citizens living abroad, with no evidence of government involvement.

The advisory comes as the US continues to tighten scrutiny of foreign students. Recent policy changes have introduced restrictions affecting the length of stay for some international students and increased emphasis on monitoring their activities.

For Kenyan students in the US, political advocacy remains permitted, but acting as an undeclared agent of a foreign government or organisation could have consequences for their immigration status.