The Indian Panorama had raised in the last week’s edition the issue of foreign political organizations operating in the US. This is what was said:
There are quite a few foreign political party organizations operating in USA, either directly or through their overseas extensions. The questions being asked are:
1. Does the operation of a foreign political party organization in USA constitute a violation of US laws?
2. Does an immigrant citizen’s loyalty to a foreign political party constitute a violation of oath of allegiance?
3. If it indeed is a violation of US laws, shouldn’t the foreign political party organization be banned and immigrant turned citizens in violation of oath of allegiance stripped of US citizenship? May be the US Department of State and Attorney General need look in to the issue.
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We have received comments of three well known attorneys of New York. Their comments are being reproduced ad verbatim.
We urge our readers to participate in the debate.
Attorney Rajiv Khanna comments:
1. As long as these organizations are working within the limits set by their certificate of incorporation, duly filed with the secretary of state of the state of their incorporation, I do not believe their operations are illegal.
2. The oath of allegiance merely provides that your first loyalty is to the United States. It does not bar you to have love for the country of your birth as long as it does not conflict with your loyalty to the United States. As you know, many US citizens have dual nationality such as a US citizenship along with an Israeli, Canadian or European citizenship. The US does not recognize such dual citizenship but it does not prevent it either. The only political party not allowed by US immigration law is the Nazi party.
3. In light of my answers above, no.
New York based attorney Karambir Singh Dahiya says:
“Any political party can register itself as a foreign corporation. However they cannot have a not-for-profit status. They must stay for profit. Further, these entities are to be registered with the state governments. There is no registration with the federal government. However federal government can regulate them.
Further please note that existing laws already limit foreign speakers (both individual and corporate) from making campaign contributions to candidates for state or federal office, or contributions to American political parties. See 2 U.S.C. § 441e (2006), which prohibits “foreign nationals” from making campaign contributions or expenditures, and defines them as any “foreign principal” under 22 U.S.C. § 611(b) (2006), as well as individuals who are not United States citizens or lawful permanent residents.
Federal law defines a “foreign principal” as a foreign government, corporation, or political party organized or “having its principal place of business in a foreign country.” 22 U.S.C. § 661(b)(1), (3). “Existing laws also prohibit foreign nationals- which include individuals who are not lawful permanent residents, foreign governments, corporations, residents, and political parties “organized under the laws of or having [their] principal place of business in a foreign country”- from funding the operation of a political actions. “Now with that background these restrictions are tested under the First Amendment principle of constitutional law.”
Immigration attorney David Frenkel writes:
“These are questions that should be answered by either a constitutional lawyer or a civil rights lawyer. As an aside, it is extremely difficult to strip someone of citizenship, especially if the only violation is loyalty to a foreign political party.”