Kenyan students studying in the United States have been warned against engaging in political activities on behalf of foreign governments or organisations without complying with U.S. disclosure requirements.
The U.S. Department of Homeland Security issued the warning on Friday, September 18, reminding foreign students that activities that amount to acting as an unregistered foreign agent could have immigration consequences, including loss of legal status and removal from the United States.
The warning follows guidance from the U.S. Department of Justice on activities covered by the Foreign Agents Registration Act, commonly known as FARA.
Under the rules, people acting in the United States at the direction or control of a foreign government or foreign organisation may be required to disclose that relationship to U.S. authorities.
The Department of Homeland Security told foreign students to ensure they do not cross the line into acting as unregistered foreign agents.
However, the U.S. Justice Department has also clarified that the rules do not prohibit foreign students from expressing their political views or participating in independent political advocacy.
Simply holding political opinions, speaking publicly about political developments or taking part in an independent peaceful demonstration does not automatically make a student a foreign agent.
The key distinction is whether a person’s activities are being directed, controlled, funded or coordinated by a foreign government or organisation in circumstances where disclosure is required.
The warning is particularly relevant to Kenyan students and other foreign nationals studying in the U.S. who may participate in political discussions or activities concerning events in their home countries.
The U.S. authorities have increasingly placed emphasis on compliance with immigration and national-security requirements for foreign nationals. A separate warning issued earlier this week also listed immigration-related offences including document fraud, identity fraud, visa fraud, asylum fraud and employment fraud as issues that can affect a person’s ability to enter or remain in the United States.
For Kenyan students, the latest advisory means participation in political activity should be understood in the context of both immigration rules and foreign-agent disclosure requirements.
Students who are unsure whether an activity or relationship could trigger disclosure obligations may need to seek qualified U.S. immigration or legal advice before participating.
The warning comes amid broader changes affecting international students in the United States, including increased scrutiny of visa status and the activities of foreign nationals studying or living in the country.
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