Foreign influence in American politics remains an ongoing threat and states are taking action to protect their elections from foreign agents. The U.S. government enforces a federal foreign registration law, the Foreign Agent Registration Act (FARA), which requires those who engage in certain political activities to register with the Department of Justice. However, since 2025, several states have enacted their own “Baby FARA” laws to restrict the actions of foreign agents, with some state laws containing fewer exceptions than the federal regulations.
Federal Law
The U.S. government passed the Foreign Agent Registration Act in 1938 to counter foreign propaganda in the lead up to World War II. However, the law was rarely enforced through most of the 20th century. A heightened focus on enforcing the law regarding foreign election interference increased following the U.S. government’s findings that the Russian government interfered in the 2016 election.
The federal law:
- Requires those engaging in political activities on behalf of a foreign government to register with the Department of Justice.
- Applies to agents of any foreign country.
- Contains exemptions for bona-fide commercial, religious, scholastic or scientific activities.
In October 2025, the Trump White House ordered the National Joint Terrorism Task Force to investigate FARA violations by non-governmental organizations.
State Law
Since 2025, Arkansas, Florida, Indiana, Louisiana, Nebraska, Oklahoma and Texas have passed “Baby FARA” laws. These state level laws lift some language from the federal statute, requiring groups that attempt to influence state politics on behalf of a foreign government to register and make disclosures. However, the state foreign agent laws also contain some key differences from the federal law.
Most state FARA laws:
- Apply only to specific countries, requiring only agents connected to China, Iran, North Korea and Russia to register.
- Contain few or no exemptions, which significantly broadens the scope of the registration requirements for foreign businesses.
Future of FARA
The effects of state-level FARA laws are yet to be seen as administrative burdens have kept many of the new laws from being fully implemented. While the bills aim to increase transparency on foreign influence, the laws are likely to cause a heightened strain on businesses and industries with foreign ties. Only a few states have enacted state-level foreign registration laws, but 10 states are currently considering bills on the issue, including Georgia and Tennessee. With states potentially seeing loopholes at the federal level, they are acting to tighten restrictions on foreign agent registration.
FOCUS will continue to monitor developments on foreign agent registration bills in state legislatures across the country.
by Haley Degon 4/6/26
