The United States has warned foreign students, including Kenyans pursuing studies in the country, against engaging in political activities on behalf of foreign governments or organisations without complying with disclosure requirements.
The Department of Homeland Security (DHS) issued the warning on Friday, September 18, reminding international students that breaching the rules could result in their removal from the US before completing their studies.
The notice followed an earlier statement by the Department of Justice (DOJ), which said individuals operating in the US under the direction or control of a foreign government or organisation could be required to disclose their relationship with the relevant 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,” DHS stated.
The rules apply to both US citizens and foreign nationals, meaning Kenyan students could face immigration consequences if their activities fall within the scope of the requirements.
The Justice Department, however, clarified that individuals retain the right to express their opinions and engage in independent political advocacy protected by the US Constitution.
As a result, expressing political views, participating in a peaceful protest or publicly discussing developments in Kenya does not, on its own, amount to acting as an unregistered foreign agent.
The key distinction arises when an individual's activities are directed, controlled, funded or coordinated by a foreign government or organisation.
The DOJ cited public demonstrations undertaken to further the objectives of a foreign power as an example of activities that could trigger disclosure requirements.
One relevant example is a demonstration held outside the International Monetary Fund (IMF) headquarters in Washington, D.C., in July 2024.
The protesters opposed IMF lending to Kenya, raising concerns about corruption and the alleged misuse of borrowed funds. The broader protests also included calls for the resignation of President William Ruto.
Based on circumstances reported at the time, the demonstration was presented as an action by Kenyans opposed to the Kenyan government, with no indication that it had been directed or organised by the Kenyan government or another foreign entity.
An independently organised protest of that nature would therefore be distinct from participating in political activity on behalf of a foreign government.
The latest warning comes amid continued changes to US immigration rules affecting foreign students, including adjustments to the period of stay permitted under student visas.
The developments place increased attention on the activities and immigration status of Kenyans pursuing education in the United States.
