Malcolm Rivera
Foreign citizens often wonder if they can contribute money to a political candidate's campaign during the peak of the U.S. election season. The short answer is that foreign nationals and governments cannot contribute money directly to U.S. political campaigns. However, foreign nationals with green cards are excluded from the definition of a foreign person and are therefore legally eligible to contribute money and/or services to a U.S. political campaign.
Can illegal immigrants donate to political campaigns?
| Characteristics | Values |
|---|---|
| Federal Law | Prohibits foreign nationals from contributing, donating or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly |
| Foreign Nationals | Defined as any person that is not a U.S. citizen or does not have a green card |
| Green Card Holders | Are not considered foreign nationals and are legally eligible to contribute money and/or services to a U.S. political campaign |
| Penalties | Persons who knowingly and willfully accept foreign contributions may be subject to civil fines, criminal liability, and/or imprisonment |
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What You'll Learn
- Foreign nationals and governments cannot contribute to US campaigns
- Foreign nationals without green cards can help via non-monetary contributions
- Foreign nationals with green cards are excluded from the definition of a foreign person
- It is illegal to provide assistance to foreign nationals making campaign contributions
- Foreign nationals can donate to Social Welfare Organisations (SWOs)
Foreign nationals and governments cannot contribute to US campaigns
Foreign nationals and foreign governments are prohibited by federal law from contributing to any federal, state, or local election campaigns in the US. This includes contributions, donations, expenditures, independent expenditures, and disbursements.
The Federal Election Campaign Act (FECA) makes it illegal for foreign nationals to contribute to any American election campaigns, regardless of the level of government. The term "foreign national" refers to any individual who is not a US citizen or a lawful permanent resident (i.e. a green card holder). This means that foreign citizens without permanent residency in the US are prohibited from donating to US political campaigns.
While Social Welfare Organizations (SWOs) are exempt from disclosing their donors, they are still subject to the same restrictions as other organizations regarding foreign donations. SWOs can accept donations from foreign nationals and governments, but only if the donations are not earmarked as campaign contributions for specific candidates. If foreign nationals donate to an SWO and designate their donation as a campaign contribution, they are violating the law. This type of "dark money" is challenging to trace due to the lenient disclosure laws applicable to SWOs.
The Federal Election Commission (FEC) enforces the statute prohibiting foreign contributions by imposing civil fines on violators. However, criminal liability is also possible. If a person knowingly and willingly accepts foreign contributions, the FEC can refer the case to the Department of Justice (DOJ) for criminal prosecution. The DOJ can also initiate prosecution independently without a referral from the FEC.
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Foreign nationals without green cards can help via non-monetary contributions
Foreign nationals without green cards are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States. This includes indirect contributions, such as donating to a Social Welfare Organization (SWO) while earmarking the donation as a campaign contribution for a specific candidate. The Federal Election Campaign Act (FECA) defines a "foreign national" as any person who is not a US citizen and does not have a green card.
However, foreign nationals without green cards can still participate in the political process by providing non-monetary contributions to campaigns. The FECA "volunteer" exemption allows foreign nationals to provide uncompensated volunteer services to a campaign as long as they are not compensated by anyone. This exemption was affirmed in Advisory Opinion 1987-25, where the Federal Election Commission allowed a foreign national student to volunteer for a presidential campaign without compensation.
It is important to note that the "non-compensated" rule is vague, and individuals should carefully review the Federal Election Commission's advisory opinions and guidelines before engaging in any political campaign activities. While non-monetary contributions are a valuable way for foreign nationals to get involved, they must be cautious to comply with all relevant laws and regulations.
Additionally, foreign nationals should be aware of the severe consequences of falsely claiming US citizenship to contribute to a political campaign. Under federal law (§237(a)(3)(D) of the Immigration and Nationality Act, or INA), making such a false claim can result in deportation and removal proceedings, even if the claim was made unintentionally.
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Foreign nationals with green cards are excluded from the definition of a foreign person
Foreign nationals are prohibited from contributing money to U.S. political campaigns. This is enforced by the Federal Election Commission (FEC), which imposes civil fines on those who violate the law. However, foreign nationals with green cards are excluded from the definition of a foreign person. This is because a green card grants foreign nationals the right to lawful permanent residence in the U.S. Therefore, they are considered resident aliens, which is an individual that is not a citizen or national of the United States but has passed the "green card test" or the "substantial presence test" for the calendar year.
The "green card test" is met when a foreign national has been issued a Permanent Resident Card, also known as a green card or USCIS Form I-551. This can be evidenced by the physical card or a stamp in the applicant's passport, which states "temporary evidence of lawful permanent status". The "substantial presence" test is met when a foreign national is present in the U.S. for at least 183 days during the calendar year and does not have a closer connection to a foreign country than to the U.S. It is important to note that the days counted do not need to be consecutive.
While foreign nationals with green cards are not considered foreign persons, they are still subject to certain restrictions on political contributions. For example, they cannot donate to federal government contractors or make contributions in connection with federal elections. Additionally, they must comply with the disclosure requirements of the Internal Revenue Service (IRS) when making political contributions.
In conclusion, while foreign nationals with green cards are excluded from the definition of a foreign person, they are still subject to certain restrictions on political contributions in the United States. It is important for foreign nationals to be correctly classified to avoid potential legal and tax implications.
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It is illegal to provide assistance to foreign nationals making campaign contributions
Under US law, foreign nationals and governments cannot contribute money directly to US political campaigns. The Federal Election Campaign Act makes it illegal for foreign nationals to contribute to a candidate's campaign at any level of election, be it federal, state, or local. American candidates are prohibited from receiving, soliciting, or accepting foreign contributions and can face civil fines or criminal liability if they do so.
In this context, a foreign national is any person who is not a US citizen and does not have a green card. The Federal Election Commission (FEC) enforces this statute by imposing civil fines, and the Department of Justice (DOJ) can prosecute cases involving the knowing and willing acceptance of foreign contributions.
While foreign nationals cannot donate directly to political campaigns, they can provide certain forms of assistance to campaigns. For example, foreign nationals can volunteer their personal services to a federal candidate or committee without making a contribution, as long as they are not compensated. This includes activities such as developing intellectual property (e.g., trademarks, graphics, website design) and speaking at campaign events.
However, it is unlawful to provide "substantial assistance" to foreign nationals making contributions or donations in connection with any US election. "Substantial assistance" refers to active involvement in the solicitation, making, receipt, or acceptance of a foreign national contribution with the intent of facilitating the transaction. This prohibition includes individuals acting as conduits or intermediaries.
In summary, while foreign nationals cannot donate directly to US political campaigns, they can provide certain forms of volunteer assistance as long as they do not actively facilitate the making of contributions or donations.
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Foreign nationals can donate to Social Welfare Organisations (SWOs)
In the context of US politics, a foreign national is any person who is not a US citizen and does not have a green card. Federal law prohibits foreign nationals from contributing to federal, state, or local elections in the US. The Federal Election Commission (FEC) enforces this statute by imposing civil fines, and even criminal liability is possible.
However, there is a loophole in the law. Federal law exempts organisations known as Social Welfare Organisations (SWOs) from disclosing their donors, as long as at least half of the SWO's activities are non-political. Therefore, SWOs can accept donations from foreign nationals and governments and then donate to another organisation, such as a political Super PAC. The Super PAC would have to disclose the SWO as a donor, but the SWO's foreign donors would remain anonymous. Foreign nationals, however, violate the law if they donate money to a SWO and earmark it as a campaign contribution for a specific candidate.
Examples of SWOs include the National Rifle Association (NRA) and the American Association of Retired Persons (AARP). In July 2023, Republican Rep. Bryan Steil, who represents southeast Wisconsin, introduced a bill to restrict foreign nationals' contributions to SWOs. The House of Representatives has not yet voted on the measure.
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Frequently asked questions
No, illegal immigrants cannot donate to political campaigns in the US. According to the Federal Election Campaign Act (FECA), it is illegal for foreign nationals to contribute, donate or spend funds in connection with any federal, state, or local election in the US.
Persons who knowingly and willingly accept foreign contributions may face civil fines and/or imprisonment. The Federal Election Commission (FEC) enforces this statute and may refer the case to the Department of Justice (DOJ) for criminal prosecution.
Yes, foreign nationals with green cards are excluded from the definition of a foreign person and are therefore legally eligible to contribute money and/or services to a US political campaign.
