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 warning to foreign students, including Kenyans studying in the country, over taking part in political activities on behalf of foreign governments or organisations without meeting disclosure requirements.
The Department of Homeland Security (DHS) issued a notice on Friday, September 18, reminding foreign students that violations could lead to their removal from the U.S. before completing their studies.
It followed an earlier statement by the Department of Justice (DOJ), which said people acting in the U.S. under the direction or control of a foreign government or organisation may be required to disclose their relationship to authorities.
“An important reminder from the National Security Division, U.S. Dept of Justice. 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 DHS stated.
The warning applies to both American citizens and foreign nationals, meaning Kenyans can also face consequences if their activities fall under the rules.
However, the Justice Department stressed that individuals remain free to express their views and participate in independent political advocacy protected by the U.S. Constitution.
This means that simply holding political opinions, joining a peaceful demonstration or speaking publicly about events in Kenya does not by itself make a student an unregistered foreign agent.
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The distinction comes in where a foreign government or organisation directs, controls, funds or coordinates a person’s activities.
DOJ specifically cited public demonstrations carried out to advance the objectives of a foreign power as an example of activity that may require disclosure.
A relevant example is the July 2024 demonstration that was held outside the International Monetary Fund (IMF) headquarters in Washington, D.C.
The protesters called for an end to IMF loans, citing concerns over corruption and misuse of borrowed funds, while the wider demonstrations also demanded the resignation of President William Ruto.
Based on the circumstances reported at the time, the protest was presented as an action by Kenyans opposing the Kenyan government and there was no indication that it was directed by the government or another entity.
That kind of independent protest would not be considered the same as acting on behalf of a foreign government.
The latest warning comes as the U.S. continues to enforce tighter rules affecting foreign students, including changes to the length of stay permitted under student visas, placing greater attention on the activities and immigration status of Kenyans pursuing studies in America.
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