These EOs may include:
- Changing IRS rules to say that climate change is not a charitable topic. Presumably this would strip nonprofit status from all groups that work exclusively on climate and would force groups that work on multiple topics to remove any climate programs or teams.
- Broad language that blocks grants from American entities funding any overseas activities, including through US nonprofits that work globally.
- Ending the Public Student Loan Forgiveness program.
- EOs that specifically target two large foundations.
- The deployment of DOGE teams to specific nonprofit organizations that receive federal funding.
- A directive against a target list of nonprofit organizations to be investigated. This may or may not be the anticipated list required through one of the very first EOs directing investigations to be prepared against nine entities.
- The targeting of tax exemptions for high-net-worth individuals funding causes that do not match the administration’s ideology.
Most media are reporting these EOs are imminent and timed to coincide with Earth Day while one media outlet received a statement from the White House denying any relevant EOs are in consideration “at this time.” Some reports are stating that certain entities will be designated “terrorist” supporting entities. It is important to remember that this has not happened, yet, but if it does, it would be a significant escalation in the administration’s attacks on civil society.
As mentioned last week in the NAO Update, President Trump has already threatened to revoke Harvard University’s tax-exempt status on ideological grounds. The Council on Foundations, Independent Sector, National Council of Nonprofits, and United Philanthropy Forum have issued a joint statement opposing this, warning that such actions undermine the independence of the charitable sector and civil society as a whole. The groups emphasize that the IRS must remain free from political influence and stress that targeting nonprofits for their ideas or beliefs is a serious threat to democracy. Read the statement here.
We join with these organizations and others in condemning the threats to nonprofits. We agree that “civil society — and the charitable nonprofit sector that gives it form and voice — must remain independent of government influence. A robust civil society cannot survive when political leaders decide which institutions deserve protections based on ideology or political convenience.”
As we know, nothing is real until it is, and if new EOs are signed, there will be immediate court challenges to any EOs that curtail the independence of the charitable sector. NAO will be working with our state association and national colleagues to bring you information and resources as this situation plays out. Our colleagues at the National Council of Nonprofits released this new resource for your use: Myths v Reality: Executive Branch Lacks Authority to Target Nonprofit Organizations.
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