Nonprofits Working with Undocumented Activists
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 03/05/2025
Rules of the Game: The Bolder Advocacy Podcast
In this episode, we break down practical ways nonprofits can help voters navigate the electoral process—from answering questions and monitoring polling places to helping voters understand their options and addressing problems that arise before, during, and after Election Day. Remember, the goal is to help eligible voters participate in the voting process without putting a 501(c)(3)’s tax-exempt status at risk. The Golden Rule: 501(c)(3)s Must Remain Nonpartisan 501(c)(3) public charities are absolutely prohibited from directly or indirectly participating or intervening in...
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On this episode, we have a special guest from the AFJ Justice team. We are joined by our colleague Morgan Flitt an Alliance for Justice Senior Dorot Fellow. With Morgan we will be covering the upcoming cases that will be heard by the US Supreme Court this session. Many of these cases – affect everyday people and the issues they care about, climate change, gun rights, voting, immigration and LGBTQ+ rights. Then we will talk about how nonprofits can get involved with supreme court advocacy, nominees, and more while staying nonpartisan and being mindful of lobbying limits....
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It’s mid-September and we are in the thick of election season. Ballots are going out, early voting is around the corner and many of you are working in coalitions on nonpartisan voter engagement. On this episode, we talk about what election coalitions are, why they’re important and best practices for (c)(3)s and (c)(4)s that are in them. Attorneys for this Episode Susan Finkle Sourlis Quyen Tu Tim Mooney Shownotes Coalition Overview • Definition of Coalition: Fully separate organizations with common goals, coming together for a set purpose ...
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Working in coalition is one of the nonprofit sector’s greatest strengths and can be especially powerful during election season. With the midterm elections around the corner, now is a good time for organizations to revisit their plans for election-related advocacy, including voter engagement, candidate education, and issue advocacy. A 501(c)(3) can collaborate with a 501(c)(4) and other nonprofits to advance common goals, pool resources, and build momentum. The key is knowing where collaboration ends and organizational boundaries begin, so allocate resources fairly, document cost-sharing...
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Get Out the Vote (GOTV) efforts are one of the most impactful ways 501(c)(3) public charities can strengthen civic participation and help ensure communities have the tools and information they need to make their voices heard. From voter registration and education to reminders and access assistance, (c)(3) organizations can play an important role in helping people navigate the voting process while remaining nonpartisan. On this episode, we explore best practices for designing effective GOTV efforts, including how nonprofits can engage their communities, train staff and volunteers, and navigate...
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On today’s episode we will cover Charitable Solicitation Registration! If your nonprofit asks people for donations, you probably need to register with state regulators before you make the ask, and the rules are different in every state. We’ll break down what charitable solicitation is, how it differs from your IRS tax-exempt status, what the most common misconceptions are, and what organizations should do to stay compliant with these laws. Today we are thrilled to be joined by our BA Summer Legal intern, Lina Zuluaga. On this Episode Brittany Leonard Tim Mooney Lina Zuluaga (Legal Intern)...
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This week we are talking about 501(c)(4)s, or social welfare organizations. What are the advantages to starting one? How are they different than 501(c)(3)s and other types of nonprofits? And what are the important considerations when determining if a 501(c)(4) would be a good vehicle to use to conduct the types of activities you are hoping to engage in to achieve your mission? If you are curious about 501(c)(4)s, what they can do, and how they operate... this podcast episode is for you. Attorneys for this Episode Natalie Ossenfort Susan Finkle Sourlis Quyen Tu Shownotes Scenario: ...
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After the Supreme Court wrapped up its latest term, we thought it would be a good idea to revisit the unique opportunities 501(c)(3) public charities have to advocate in favor of or against specific nominations made by the Executive Branch that require confirmation from a legislative body. On this episode, we explore the nomination process for key positions and give you some best practices on how to ensure your organization can effectively (and legally) advocate for specific nominees. Shownotes: · Nomination advocacy often qualifies as lobbying (Internal...
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On today’s episode, we are breaking down the 2026 state legislative season and how the landscape affecting nonprofit advocacy is shifting across the country. We are recording this in mid-June, and while most states have wrapped up for the year, not all have, so you are going to want to look at your state to get a sense of what’s enacted, what’s moving, and what’s dead. What we’re seeing this year is not just incremental change, but a rapid expansion of state-level regulation over campaign finance, ballot measures, voter access, and increasingly, what we are calling foreign influence...
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This week, we are diving into the world of philanthropy. We are thrilled to be joined by Matthew L. Evans from the United Philanthropy Forum who will help us understand how philanthropy is evolving to meet this moment and what challenges and opportunities we are seeing for funders and philanthropy infrastructure organizations. Guests for this episode Brittany Hacker Leonard Tim Mooney Matthew L. Evans Shownotes Matthew L. Evans is the United Philanthropy Forum’s VP of Advocacy and External Relations....
info_outlineThreats to find and deport undocumented immigrants in the United States have grown immensely since the start of the Trump administration. Nonprofits can continue fight for immigrant rights and include undocumented activists in their advocacy efforts. Even though we at Alliance for Justice aren’t immigration lawyers (so what comes out of our mouth will not be legal advice), we felt it was important to address how nonprofits can work with undocumented activists and continue to fight for immigrant rights. In today’s episode, we’ll first talk about what undocumented activists can and cannot do when advocating with nonprofits and what nonprofits should keep in mind.
Attorneys for this Episode
Quyen Tu
Brittany Hacker
There are a number of ways that nonprofits can engage undocumented activists to help support their missions. And these activists are often the best voice to amplify when the rights at stake directly impact them.
· Free speech and assembly: peaceful protest (be careful of arrest, could result in ICE arrest)
· Advocate for policy change:
o Advocate for or against executive orders and executive branch policies like ICE priorities and border protocols
o Community organizing
o Education of the public or officials
o Lobbying
o Ballot measure campaigns (check state & local laws)
o Be plaintiffs in a court case or a nonprofit can file a case to represent the interest of undocumented immigrants: like ACLU case on birthright citizenship
There are a few things undocumented immigrants are not allowed to do, including:
· Assist citizens in completing voter registration applications
· Cannot contribute anything of value to federal, state, or local elections (money, volunteer time)--for both undocumented and visa holding immigrants
o Considered a foreign agent interfering with an election
o It is also prohibited for nonprofits to knowingly solicit or receive contributions from foreign nationals (including undocumented activists)
· Vote in federal elections
· Work without employment authorization
Best Practices:
-for non-citizens: Consult an immigration attorney! Be prepared if you engage in protest. Check out know your rights resources and trainings in the show notes.
- If you are a nonprofit planning work with undocumented activists:
· Consult legal counsel: especially if doing partisan work
· If you serve immigrant communities, have policies in place to protect clients and staff, know what ICE agents can and cannot do
-Make sure that your nonprofit is in good standing; have appropriate documents and robust compliance so if you are investigated, you know you’re operating on solid legal grounds. Check out our nonprofit advocacy check-up, a compliance list and recent episode on this topic.
Examples of great work involving undocumented activists:
· ILRC: great immigrant rights tool kits, legal resources for immigrants about visas and other legal processes, ways to get involved with local lobbying and policy work
Resources
-Engaging in Advocacy with Undocumented Activists
-Race and Equity: The Advocacy Playbook for Racial Justice and Immigrant Rights
-Advocacy Check-Up: Nonprofit Self Assessment
-ILRC know your rights Toolkit
-10 Things Noncitizen Protestors Need to Know (ILRC)
-NYLPI Guidance to Nonprofits Regarding Immigration Enforcement
-Immigrant Arc list of EOs on Immigration (includes status of litigation, NY focused but applicable nationwide)