The US Department of Homeland Security issued a notice on 18 September warning foreign students that operating as unregistered foreign agents may lead to loss of immigration status and removal before completing their studies.

The advisory applies to all foreign‑national students, including Kenyans, and stresses that any political work directed or funded by a foreign government or organisation must be disclosed under US law.

The Department of Justice’s guidance underpins the warning, stating that individuals acting under the “direction or control” of a foreign power may be required to register their affiliation.

What political activity remains permissible

US authorities confirm that foreign nationals retain constitutional protections for independent political expression, allowing them to voice opinions, join peaceful demonstrations and comment on events in their home countries.

The distinction lies in coordination: protests organized, funded or directed by a foreign government trigger registration requirements, whereas grassroots actions without such links are not subject to the same rules.

A July 2024 rally outside the International Monetary Fund headquarters in Washington, DC, where Kenyan expatriates called for an end to IMF loans and the resignation of President William Ruto, was cited as an example of a protest presented as a grassroots effort with no evidence of government involvement.

Implications for Kenyan students in the United States

Kenyan students can continue political advocacy, but any undeclared affiliation with the Kenyan government or other foreign entities could jeopardise their visas and lead to removal proceedings.

The advisory arrives amid broader US policy shifts that have tightened scrutiny of foreign students, including new limits on length of stay and heightened monitoring of activities.