Thread: Is it legal for illegal aliens to be lobbying Congress?

The Federal Elections Commission brochure was good; I hope all those provisions are still in force. I would say that the definition of "actual knowledge" is critical, because many individiuals making use of foreign nationals or their resources will claim they did not truly "know" such person's status. The FEC quidelines were not quite boilerplate so I would like to clarify the term "actual knowledge." Perhaps the FEC Advisory Opinions have done this. The Advisory Opinions attempt to clarify the Act , but don't ask me if they contradict each other.

For those of you who did not read it, (in a nutshell) it seeks to restrict contributions to federal, state and local elections TO OFFICE from foreign nationals. IT MAY NOT APPLY TO BALLOT MEASURES, but that is ambiguous. There would be an exemption for voluntary service to campaigns. Also, it is unlawful to help the foreign national make a prohibted contribution.

Therefore, if an "immigrant rights" organization or a similar group solicits or knowingly accepts donations from a foreign national, who does not have a green card, and uses it to, let's say, contribute to a US Representative's or Senator's election campaign, or a state representative or a county or municipal office, they are breaking the law. If they are receiving contributions to affect a ballot referendum or measure they may or may not be. They also have to return the contribution within a certain time frame. There appear to be some advisory opinions on how a political comittee can "know" the person cannot contribute, yet the definitions is not rigid either. There is also a provision for facts that would lead one to reasonably conclude the donor is a foreign national. Foreign nationals also cannot actively participate in the management of the a PAC that is a domestic subsidiary of a foreign corporation.

I think I have accurately summed up these rules, They advise that PACs submit their plans for an opinion before starting. Read it for yourself. It sounds like this could be good terrain for defanging PACs that are truly foreign influenced.

Originally Posted by Chosen

You may wish to begin with the FARA Act.
http://www.usdoj.gov/criminal/fara/
Foreign Agents Registration Act



The Foreign Agents Registration Act (FARA) was enacted in 1938. FARA is a disclosure statute that requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the statements and activities of such persons in light of their function as foreign agents. The FARA Registration Unit of the Counterespionage Section (CES) in the National Security Division (NSD) is responsible for the administration and enforcement of the Act.

They sure are foreign agents.