Jonah Patel
Foreign nationals are prohibited by federal law from contributing, donating, or making expenditures in any federal, state, or local election in the United States. This includes O-1 visa holders, who are not considered permanent residents and do not hold green cards. However, foreign nationals may volunteer their personal services to a federal candidate or committee without making a contribution, as long as they are not compensated and disclose their foreign national status. Green card holders, or legal permanent residents, are exempt from the definition of foreign person and are allowed to donate to political campaigns.
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What You'll Learn
- Foreign nationals are prohibited from donating to US campaigns
- Green card holders are not considered foreign nationals
- Foreign nationals can donate to Social Welfare Organisations
- Foreign nationals can volunteer for a federal candidate
- Foreign nationals can indirectly participate in election-related activities
Foreign nationals are prohibited from donating to US campaigns
In the context of US campaign finance laws, 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 on people who violate the law, and criminal liability is also a possibility. If a person knowingly and willingly accepts foreign contributions, the FEC can refer the case to the Department of Justice (DOJ) for criminal prosecution.
Federal law prohibits contributions, donations, expenditures, and disbursements solicited, directed, received, or made directly or indirectly by or from foreign nationals in connection with any federal, state, or local election. This includes decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with any federal, state, or local election, or decisions concerning the administration of a political committee.
Additionally, foreign nationals are prohibited from participating in decisions involving election-related activities. This includes acting as a conduit or intermediary for foreign national contributions and donations.
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Green card holders are not considered foreign nationals
O-1 visa holders are classified as nonimmigrants, and as such, they are prohibited from donating to political campaigns. This is because federal law prohibits contributions, donations, expenditures, and disbursements made by or from foreign nationals in connection with any federal, state, or local election.
Now, green card holders, also known as lawful permanent residents, are not considered foreign nationals. They are considered to be permanent residents of the United States, and as such, they are allowed to donate to political campaigns. This is because, according to the Federal Election Campaign Act, the definition of a "foreign person" excludes green card holders.
Green card holders are obligated to obey the laws of the United States, their state of residence, and their local jurisdictions. They are also eligible to receive federal benefits, such as social security or education assistance, and they can travel to and from the United States more easily than other visa holders. They can also apply for a wide variety of jobs, including those that involve security clearances or government work.
It is important to note that while green card holders have many of the same rights as U.S. citizens, they are not U.S. citizens and do not have the full rights of citizens. For example, male green card holders between the ages of 18 and 25 must register for the Selective Service. Additionally, green card holders must carry a valid green card at all times and can lose their residency by committing certain crimes or violating specific laws.
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Foreign nationals can donate to Social Welfare Organisations
Foreign citizens cannot donate money to political campaigns unless they are legal permanent residents (i.e. green card holders). This is enforced by the Federal Election Commission (FEC) and violations can result in civil fines or criminal liability.
However, a loophole exists in the form of Social Welfare Organizations (SWOs), also known as 501(c)(4) groups. Foreign nationals can donate to these organizations, which are not required to disclose their donors as long as at least half of their activities are non-political. These organizations can then contribute unlimited sums to political Super PACs, which advocate for or against political candidates. While this loophole is legal, foreign nationals are prohibited from directing the nonprofit to channel money to a Super PAC.
As such, foreign nationals can indirectly fund political campaigns by donating to Social Welfare Organizations, which can then donate to Super PACs. However, it is important to note that there have been efforts to restrict foreign nationals' contributions to these organizations, such as the bill introduced by Republican Rep. Bryan Steil in July 2023, which has not been voted on by the House of Representatives.
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Foreign nationals can volunteer for a federal candidate
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. However, foreign nationals can get involved in the political process by volunteering their time and skills for a federal candidate or political committee without making any monetary contributions. This is known as the "volunteer exemption," and it applies as long as the foreign national is not compensated by anyone for their services.
It is important for foreign nationals to be upfront about their status and ensure they are not involved in any activities that could be construed as making a contribution to the campaign. This includes not only monetary donations but also gifts, subscriptions, loans, or any other thing of value that could influence a federal election. Foreign nationals are also prohibited from participating in decisions involving election-related activities or providing substantial assistance in the making, acceptance, or receipt of contributions for federal, state, or local elections.
The Federal Election Campaign Act (FECA) defines a "foreign national" as a foreign person or entity (corporation) and specifically excludes green card holders, who are legally eligible to contribute money and services to US political campaigns. However, it is important to note that falsely claiming to be a US citizen to contribute to a political campaign can have severe consequences, including potential deportation under the Immigration and Nationality Act.
In summary, while foreign nationals cannot donate money or make certain other contributions to political campaigns, they can still get involved by volunteering their time and skills as long as they are not compensated and do not participate in decision-making or other restricted activities.
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Foreign nationals can indirectly participate in election-related activities
Foreign nationals are prohibited from contributing, either directly or indirectly, to any election campaigns in the United States. This includes donations, expenditures, and disbursements to political parties, committees, or organizations. However, foreign nationals who are not green card holders can still participate in election-related activities in certain limited ways.
Firstly, foreign nationals can provide volunteer services to a political campaign without making monetary contributions, as long as they are not compensated for their time or services. This "volunteer exemption" has been interpreted in various advisory opinions by the Federal Election Commission (FEC). For example, in Advisory Opinion 1987-25, the FEC allowed a foreign national student to volunteer for a presidential campaign without compensation. In contrast, Advisory Opinion 1981-51 prohibited a foreign national artist from donating their services for a Senate campaign fundraiser.
Secondly, foreign nationals can express their opinions and engage in political activities that are not directly connected to an election campaign. This includes participating in political rallies, expressing support for a candidate, and discussing political issues. However, it is important to note that foreign nationals must not cross the line into making contributions or expenditures that influence election campaigns.
Finally, foreign nationals can stay informed about the election process and the candidates by attending political events, watching debates, and reading news and analysis. This allows them to make informed decisions and potentially influence others through their network or community.
In summary, while foreign nationals cannot donate money or directly contribute to election campaigns in the United States, they can still participate indirectly by volunteering their time and skills, engaging in political discourse, and staying informed about the political process. These activities allow foreign nationals to have a voice in the political landscape without violating the legal restrictions on their involvement in election campaigns.
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Frequently asked questions
No, O-1 visa holders are not considered permanent residents and are therefore classed as foreign nationals. Federal law prohibits foreign nationals from contributing to political campaigns.
A foreign national is anyone who is not a US citizen and does not have a green card.
A contribution includes donations, expenditures, and disbursements. This includes advances of personal funds and contributions to political party committees.
Yes, foreign nationals may volunteer their personal services to a federal candidate or committee without making a contribution, as long as they are not compensated.
Yes, one loophole exists. Federal law exempts Social Welfare Organisations (SWOs) from disclosing their donors, so long as at least half of their activities are non-political. Foreign nationals can donate to an SWO, and the SWO can then donate to a political Super PAC. However, foreign nationals cannot earmark their donation to an SWO for a specific candidate.
