Jonah Patel
Foreign nationals are prohibited by federal law from contributing to, or participating in the decision-making process of, any election-related activities in the US. This includes donations and expenditures, either directly or indirectly, to any federal, state, or local election. However, there is an exception for legal immigrants with green cards, who are eligible to contribute money and/or services to a US political campaign. This has sparked interest among foreign citizens, both living in the US and abroad, to support candidates' campaigns.
Characteristics of legal immigrants' involvement in political campaigns
| Characteristics | Values |
|---|---|
| Donation of funds | Prohibited by the Federal Election Campaign Act (FECA) for foreign nationals. However, persons with green cards are excluded from this definition and are legally eligible to contribute money |
| Volunteering services | Foreign nationals are prohibited from participating in decisions involving election-related activities. However, green card holders can contribute services |
| Eligibility to contribute | Must have a green card indicating lawful admission for permanent residence in the US |
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What You'll Learn
- Foreign nationals are prohibited from contributing to US political campaigns
- Foreign nationals are prohibited from donating to US inaugural committees
- Legal immigrants with green cards can contribute money and services to US campaigns
- Foreign nationals can donate to US campaigns via Social Welfare Organisations
- It is illegal for non-US citizens to vote in US elections
Foreign nationals are prohibited from contributing to US political campaigns
The Federal Election Campaign Act (FECA) prohibits foreign nationals from contributing, donating, or spending funds in connection with any US election, either directly or indirectly. FECA also makes it unlawful for individuals to help foreign nationals violate this ban or to solicit, receive, or accept contributions or donations from them. Persons who knowingly and willfully engage in these activities may be subject to fines and/or imprisonment.
The prohibition on foreign national contributions to US political campaigns is very broad, but there are some exceptions. For example, individuals with green cards, indicating that they are lawfully admitted for permanent residence in the US, are excluded from the definition of a foreign national and are therefore legally eligible to contribute money and/or services to a US political campaign. Additionally, federal law exempts organizations known as Social Welfare Organizations (SWOs), such as the NRA and the AARP, from disclosing their donors as long as at least half of the SWO's activities are non-political. As a result, an SWO could accept donations from foreign nationals and then donate to a political organization, such as a Super PAC. However, foreign nationals violate the law if they donate money to an SWO and earmark the donation for a specific candidate.
To ensure compliance with the law, political committees are advised to take minimally intrusive steps to ensure that the contributions they receive do not come from foreign nationals. This includes including a summary of the foreign national prohibition in public political ads and solicitations directed to audiences outside the US and making inquiries into the nationality of contributors if the contribution is postmarked from a non-US territory or has a foreign address.
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Foreign nationals are prohibited from donating to US inaugural committees
Legal immigrants with green cards are allowed to contribute money and/or services to a US political campaign. However, foreign nationals, defined as any person who is not a US citizen and does not have a green card, are prohibited from donating to US inaugural committees. This includes not only contributions of money but also donations of other things of value, such as services.
Federal law prohibits foreign nationals from making contributions, donations, expenditures, independent expenditures, and disbursements in connection with any federal, state, or local election. This includes donations to political party committees and organizations, state or local party committees, and inaugural committees. It is also illegal to help foreign nationals violate this prohibition or to solicit, receive, or accept contributions or donations from them.
The Federal Election Commission (FEC) enforces this statute by imposing civil fines on those who violate the law, but 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.
It is important to note that there are some exceptions to these restrictions. For example, Social Welfare Organizations (SWOs), like the NRA and AARP, are exempt from disclosing their donors as long as at least half of their activities are non-political. As a result, an SWO could accept donations from foreign nationals and then donate to a political organization, such as a Super PAC. However, foreign nationals violate the law if they donate money to an SWO and specify that the donation is for a specific candidate's campaign.
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Legal immigrants with green cards can contribute money and services to US campaigns
While foreign nationals are prohibited from contributing to political campaigns in the US, legal immigrants with green cards are permitted to do so. This means that permanent residents who have been lawfully admitted to the US can contribute money and services to American political campaigns.
The Federal Election Campaign Act (FECA) prohibits any foreign national from contributing, donating, or spending funds in connection with any federal, state, or local election in the US, either directly or indirectly. It is also unlawful for candidates to receive or accept such contributions. However, persons with green cards are excluded from the definition of foreign persons and are therefore legally eligible to participate in US political campaigns financially and otherwise.
The Capitol Immigration Law Group notes that there are strict rules governing what a foreign citizen can do during an election campaign, and these restrictions apply to all US elections, be they federal, state, or local. They also offer consultations to help analyze specific situations pertaining to foreign nationals and the US election process.
It is important to note that while legal immigrants with green cards can contribute to political campaigns, they are still subject to certain restrictions and disclosure requirements. For example, foreign nationals are prohibited from participating in decisions involving election-related activities, and their contributions must be made in a way that does not dictate or directly influence the campaign's decision-making process. Additionally, while Social Welfare Organizations (SWOs) can accept donations from foreign nationals, these donors must remain secret, and the funds cannot be earmarked for specific candidates.
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Foreign nationals can donate to US campaigns via Social Welfare Organisations
Foreign nationals are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. This includes decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with any election. It is also unlawful to help foreign nationals violate this ban or to solicit, receive, or accept contributions or donations from them. Persons who knowingly and willingly engage in these activities may face civil fines or criminal liability.
However, there is a significant loophole. Federal law exempts organizations known as Social Welfare Organizations (SWOs) from disclosing their donors, as long as at least half of the SWO's activities are non-political. As a result, SWOs can accept donations from foreign nationals and then donate to another organization, 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 undisclosed.
It is important to note that foreign nationals violate the law if they donate money to an SWO and earmark the donation for a specific candidate's campaign. This "dark money" is challenging to trace due to the lenient disclosure laws applicable to SWOs.
In summary, while foreign nationals cannot directly contribute to US political campaigns, they can indirectly channel funds through SWOs, which can then donate to political organizations. However, they must not earmark their donations for specific candidates to stay within the legal boundaries.
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It is illegal for non-US citizens to vote in US elections
While legal immigrants can get involved in US political campaigns, it is important to note that it is illegal for non-US citizens to vote in US elections. This is a key distinction to make, as the term "legal immigrants" can encompass a broad range of individuals with varying legal statuses in the US.
For foreign nationals, which include any individuals who are not US citizens, there are strict rules governing their involvement in US elections. These rules are outlined in the Federal Election Campaign Act (FECA) and enforced by the Federal Election Commission (FEC). FECA prohibits foreign nationals from contributing, donating, or spending funds in connection with any federal, state, or local election in the US, either directly or indirectly. This includes decisions concerning the making of contributions, donations, expenditures, or disbursements, as well as participating in decisions involving election-related activities.
However, there are exceptions to these prohibitions. Foreign nationals who possess a green card, indicating that they are lawfully admitted for permanent residence in the US, are excluded from the definition of foreign persons and are legally eligible to contribute money and/or services to a US political campaign. Additionally, certain organizations, such as Social Welfare Organizations (SWOs), are exempt from disclosing their donors, allowing them to accept donations from foreign nationals and then donate to political organizations while maintaining the anonymity of their foreign donors.
It is important to note that violations of these laws can result in fines and/or imprisonment, and both the FEC and the Department of Justice (DOJ) can pursue criminal prosecution in cases of knowing and willful acceptance of foreign contributions. Therefore, while legal immigrants with appropriate status and permissions can participate in US political campaigns, it is crucial to abide by the legal restrictions to avoid any legal repercussions.
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Frequently asked questions
Legal immigrants with green cards are allowed to contribute money to U.S. political campaigns.
Foreign nationals are prohibited by federal law from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States.
Foreign nationals are prohibited from participating in decisions involving election-related activities. However, they can contribute services to a candidate's campaign.
Persons who knowingly and willfully engage in these activities may be subject to fines and/or imprisonment. Criminal liability is also a possibility, with cases referred to the Department of Justice (DOJ) for criminal prosecution.
