How Nonprofits Can Fight Back Against Trump’s Harmful Executive Orders

What a week it has been since Trump and his administration took office! Here at Bolder Advocacy, we are receiving lots of questions about both Executive Order (EO) advocacy and responding to the Trump administration memos — and we are here to help. This blog is a companion to an emergipod we put out — if you would prefer to listen, check out our Rules of the Game podcast.

We want to acknowledge that this is hard. It’s hard to see challenges to the values you hold dear, like equality, diversity, care for our immigrant neighbors, our transgender friends, and our planet. It’s also hard to keep up with the constantly changing policies. In this difficult time, nonprofits can stand as a safeguard for our communities and our democracy.

State of Affairs 

Federal Funding Freeze:

The biggest, most sweeping, and most chaotic action this week has been Trump’s halting of all government grants and loans. This began when the White House Office of Management and Budget (OMB) sent out a memo stating that it would halt distribution of all federal grants and loans at 5PM EST on January 28. The administration claims the goal of this freeze would be to ensure that federal funds are only being used in compliance with Trump’s executive orders of the past week (discussed further below).

We have thankfully already seen legal responses to this federal funding freeze. A group of nonprofits, public health professionals, and small businesses filed suit in federal court in D.C., and just before the freeze was set to go into effect at 5:00 PM EST, the judge issued a temporary restraining order — effectively halting the funding freeze until additional hearings could be held. A separate suit has been filed by state attorneys general as well. Following the injunction, on January 29, the OMB sent out a new memo rescinding the federal funding freeze memo.

We want to emphasize that this is not the end of this fight. The White House, through its press secretary, has made clear that they are not backing down from their plan to freeze federal funding, they have merely withdrawn the memo to comply with the injunction. As we have already seen, Trump has threatened future federal funding for nonprofits working in the fields of LGBTQ+ rights, the environment, immigrant’s rights, reproductive justice, DEI, and more. This first funding freeze was clearly an effort to test the limits and through strong and fast litigation by advocates and the wisdom of a good judge, the law won out here.

We should prepare for the administration’s next attempt and use this time to emphasize how overreaching and dangerous the administration’s action was. This is three trillion (with a T!) dollars of money that funds things like student loans, research, and, importantly for our colleagues, federal funding of nonprofits. We don’t need to tell you that nonprofit work is essential to our country and our communities. The administration claimed that this would not impact Social Security, Medicare, and direct benefits to individuals, but many federal funds flow through the states first and would be impacted — like Medicaid. We saw a full 50 state shut down of the Medicaid reimbursement system on Tuesday January 28 with a banner citing Trump’s action, and while it was eventually brought back online, the chaos it caused is irreversible. But perhaps chaos and fear were the point all along.

Other Executive Orders:  

• Gutting DEI: Five of Trump’s EOs are aimed at undoing progress on diversity, equity, and inclusion measures. Trump reversed DEI priorities from the military and placed employees of all federal diversity, equity, inclusion, and accessibility offices on paid administrative leave. OMB sent a memo instructing federal agencies to begin shutting down DEI programs. All websites and social media from the federal government related to DEI offices and initiatives have been taken down.
• Immigration: Trump issued a sweeping order on immigration directing the Department of Homeland Security to remove undocumented immigrants that were previously not a priority for deportation. It directs the creation of new detention centers and blocks federal funding for sanctuary cities. A separate Executive Order revokes a Biden EO that required all people to be counted in the census regardless of citizenship status. This will prevent an accurate count of our communities and reduce the amount of resources available for your communities and your nonprofits.

Another controversial EO attempts to end birthright citizenship, which is enshrined in the Fourteenth Amendment of the Constitution. The EO states that if a mother is undocumented and a father is not citizen or permanent resident, a child would not be given U.S. citizenship. This order has already been temporarily enjoined by a federal judge in Seattle.

• Attacks on LGBTQ+ rights: Trump ordered that the federal government only recognize two sexes (male and female), and federal agencies have been directed to change forms to remove all references to LGBTQ+ equity.

Trump ordered that there be no federal government support for gender affirming health care for people under the age of 19. This will impact individuals who get their healthcare through Medicaid, Medicare, federal employees, and institutions who received federal funding for research.

Trump has also banned transgender people from enlisting in the military. GLAD Law and AFJ member National Center for Lesbian Rights have already filed suit against this ban.

In one of the newest EOs, Trump has prohibited DEI teaching in k-12 schools (including discussion of systemic racism and unconscious bias) and prohibited acknowledgment of transgender students’ gender identities, including social transition steps like using appropriate pronouns.

• Environment: Trump’s EO removes former protections of federal lands and waters against drilling. It eliminates the electric vehicle mandate for auto makers, which set a goal that 50% of all cars sold nationwide would be EVs by 2030. It also ends the Green New Deal.
• Federal Hiring Freeze: Trump halted the hiring of federal civilian employees. This will impact the IRS during tax season and will impact their (already underfunded) ability to regulate nonprofits. It will also prevent filling positions at federal agencies that may impact your work — like the EPA, DOJ, and more.

How 501(c)(3)s Can Engage in Advocacy Around Executive Branch Actions:  

• Stay informed: The National Council of Nonprofits has a great continuously updated chart tracking EOs that impact nonprofits and their current legal status.
• Speak out against these EOs: Criticize these EOs and the Trump administration when their actions conflict with your organization’s mission. 501(c)(3) nonprofits must remain nonpartisan, which means they cannot support or oppose candidates for office, but Trump is no longer a candidate. You are free to support or oppose Trump’s actions (when he is acting in his official capacity as President and not as a candidate). You can also oppose other actions taken by his administration and executive branch agencies.
• Speak out against future harmful EOs and future funding cuts: Talk to members of the Trump administration and officials in the executive branch. Tell them about how these actions will impact your communities and share the stories of the communities you serve. This already worked once: the blowback from nonprofits and others across the country led Trump and the OMB to (at least temporarily) rescind his funding freeze. Talk to your congressmembers and call them to take action and not stand for these EOs. Urge your members to speak up and serve as checks to the executive branch’s power.

Under Internal Revenue Code (IRC) rules, advocacy for or against executive branch action is not lobbying. This means all of this great advocacy does not count towards the lobbying limits of 501(c)(3) public charities, and any funds you receive that prohibit lobbying (from private or public foundations, for example) can likely be used for executive branch advocacy. Even if you are talking to congressmembers, if you are asking them to speak out against executive action (not legislative action), that will not count as lobbying. Note that the federal Lobbying Disclosure Act and state and local lobbying disclosure laws may include executive branch advocacy in their lobbying definitions, which often differ from the IRC’s lobbying definitions. When they do, these lobbying disclosure laws could require you to register or report your executive branch work along with your legislative activities, but they will not likely restrict it. Read our Being a Player guide to learn more about what does and does not count as lobbying under the IRC’s definitions. For more on the Federal Lobbying Disclosure Act, check out Appendix A of “The Connection.”

• Litigate: join in lawsuits, like the one already filed against the funding freeze or the birthright citizenship ban. Work with counsel to file new lawsuits based on the impacts that these actions have for you as an organization and for your communities.
• Lobby: 501(c)(3)s public charities and 501(c)(4)s can lobby! Lobby against Trump’s cabinet nominees who are before the Senate. Pete Hegseth has been confirmed as Secretary of Defense and is now in charge of the military’s DEI policy (or lack thereof). Stop these nominees where they are and don’t let them through the Senate. You can also lobby the House and Senate for new laws to protect your communities. Many of Trump’s EOs are easily undoing prior Biden EOs because EOs do not have the same protection as a law passed through Congress. If something is a priority for you, lobby for it to be made into law that cannot be so quickly overturned.
• Judicial advocacy: Trump’s funding freeze and birthright citizenship ban were stopped in their tracks due to the great work of judges. It is so important to continue to advocate to have good judges seated because they serve as a safeguard against problematic executive orders and other executive branch actions. Remember, advocating for Senators to vote for or against judicial nominees is considered lobbying that needs to be counted against a public charity’s IRS lobbying limits. You can learn more about current judicial nominees by visiting AFJ’s judicial nominee tracker.
• Work at the state level: If you have a state government that is more favorable towards your values, work with them more closely. Encourage greater state funding of nonprofits that cannot be revoked by the federal government. Work to get laws passed at the state level to protect your work. For example, Trump revoked the electric vehicle goals, but California still has a requirement in place that all new cars be zero emission by 2035.
• Fund, fund, fund: if you are at a foundation, this is a great time to increase funding for organizations who may be experiencing gaps in funding due to Trump’s actions — even as their services are more necessary than ever. Encourage your grantees to use your funds to advocate against EOs (a great non-lobbying use of funds). If you are at a public charity that receives government funds and are impacted, consider diversifying or changing the sources of your funds to prevent against the impact of future freezes or limits imposed by federal funding.
• Step up: the Trump administration made clear that ideals like DEI will not be prioritized and will be attacked. The federal government will not be engaging in the DEI work that they previously did, so nonprofits that do not rely on federal funds should step up to fill the gaps. AFJ’s Building the Bench work is a great starting place to get involved with seating diverse and representative judges. DEI still needs to exist, because systemic racism and sexism will always exist whether the current administration believes it or not.
• Stand strong: Nonprofits, especially ones who do not need federal funding, are the last line of defense. Continue your great work and support your colleagues who may be struggling. Be loud, stand strong, and reach out to our Bolder Advocacy team if you have questions regarding your nonprofit’s ability to engage in executive branch and legislative advocacy.