Nonprofits Working with Undocumented Activists
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 03/05/2025
Legislative Update
Rules of the Game: The Bolder Advocacy Podcast
Legislative season is underway, and we’re seeing a wave of proposals that could significantly reshape the operating environment for nonprofits and advocacy organizations. We’re tracking over 1,000 bills across the country, and while some of them do positive things, like make improvements to our electoral system or increase voter turnout, unfortunately, most of these measures are taking aim at impactful nonprofit advocacy. These proposals collectively reflect an erosion of the civic space in the nonprofit ecosystem. We’re here to break down some of the key trends and help you stay...
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Litigation Update
Rules of the Game: The Bolder Advocacy Podcast
On this edition, we open up the docket and get an update on the variety of court cases that impact tax-exempt organizations and their ability to advocate on the issues they care about. And to help with that, we’re joined once again by friend of the pod Emma Olson Sharkey from Elias Law Group to help demystify what’s happening in the courts and how it might impact you and your work. Attorneys for this episode Brittany Hacker Leonard Tim Mooney Emma Olson Sharkey – Elias Law Group Shownotes 501(c)(4) political activity Freedom Path, Inc. v. IRS (D.D.C.) Memorial Hermann Accountable...
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College Athletics, NIL and Nonprofits
Rules of the Game: The Bolder Advocacy Podcast
One of the hottest topics in college athletics turns out to be about nonprofits. This episode unpacks how nonprofit colleges and third-party NIL collectives support individual student athletes, the governance and tax questions that follow, and what the recent NCAA settlement means for oversight and compliance. We also look ahead to emerging federal regulation and how nonprofits might engage in shaping what comes next. Attorneys for this Episode · Tim Mooney · Victor Rivera Why NIL Is a Nonprofit Issue ...
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Ask Us Anything: Voter Registration
Rules of the Game: The Bolder Advocacy Podcast
In this episode, we’re answering questions from organizations about voter registration, which is, of course, timely given the upcoming midterm election season. Since these activities occur within an electoral framework, it's crucial to keep various legal aspects in mind while crafting and executing your voter registration campaigns. We’ll discuss the key considerations related to nonprofit tax law, federal election law, and state law. Attorneys for this episode Sarah Efthymiou Susan Finkle Sourlis Monika Graham Voter Registration ...
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Public Charities Can Lobby!
Rules of the Game: The Bolder Advocacy Podcast
On this episode, we’re going back-to-basics to discuss the rules that apply when nonprofits engage in lobbying activities. With legislative sessions ramping-up in several states, it’s important to take time to understand the lobbying limits and definitions that apply to your organization’s advocacy. But, it’s even more important to recognize that public charities can lobby and advocate for or against legislation at the local, state, and federal levels. So, rally your staff and volunteers, and speak up, because...
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2026 Resolutions
Rules of the Game: The Bolder Advocacy Podcast
Happy 2026! As policy shifts and new advocacy opportunities emerge, the Bolder Advocacy team is here to guide nonprofits so they can continue to advocate boldly while remaining compliant and effective. We’re kicking off the year with our Top 10 nonprofit New Year’s resolutions to help your organization thrive. Attorneys for This Episode Monika Graham Victor Rivera Labiosa Natalie Roetzel Ossenfort Top 10 2026 Resolutions: 1. Deepen Mission Alignment Clarity fuels momentum. Revisit your...
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Celebrating Advocacy Wins
Rules of the Game: The Bolder Advocacy Podcast
It’s been a long year, and while progressive movements have faced real setbacks, that’s not the whole story. Across the country, nonprofits and the communities they serve pushed for justice and secured meaningful victories worth lifting up. On this episode, we celebrate several advocacy wins from 2025. Attorneys for this episode: Maggie Ellinger-Locke, she/her Susan Finkle Sourlis, she/her Melissa Marichal Zayas, she/her Link: Show Notes: · Economic Justice o In May, Washington became...
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Nonprofits Under Siege: Don’t Panic, Prepare!
Rules of the Game: The Bolder Advocacy Podcast
In recent months, the threats facing nonprofit organizations have continued to develop at a furious pace. In the face of challenges like funding reductions and congressional investigations, nonprofits are taking the time to shore up their defenses and prepare for what’s to come. On this episode, we’ll discuss several recent events that have the sector talking so that your nonprofit can take the steps necessary to ensure your continued ability to boldly advocate on behalf of your communities. Attorneys for this episode · Brittany Hacker Leonard ...
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Giving Thanks
Rules of the Game: The Bolder Advocacy Podcast
On this episode, we gather around the virtual table and share three success stories for nonprofit advocacy that may help to put a smile on your face and give you something positive to reflect on, in a year that could use a lot more of that. Attorneys for this episode · Tim Mooney · Quyen Tu · Sarah Efthymiou Shownotes UNIDOS MN Action and the power of advocacy · Driver’s licenses for undocumented people revoked in MN 2003 ...
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Election Season Prep
Rules of the Game: The Bolder Advocacy Podcast
Whether it be local elections or picking a new president, election season seems to always be lurking around the corner, so on today’s episode we’re unpacking what it means for 501(c)(3)s to remain nonpartisan and how these nonprofits can safely engage in several different types of advocacy during election season. Attorneys for this episode Monika Graham Melissa Marichal Zayas Sarah Efthymiou Remaining Nonpartisan: The rule is clear: 501(c)(3) organizations cannot engage in any activity or make statements that suggest...
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)