From defying court orders to silencing dissent, recent federal actions threaten the freedom nonprofits rely on to serve and speak out.
Many eyes were glued to the financial markets this week as a growing trade war shook investor confidence. But even if often pushed off the front page, federal decisions impacting nonprofits proceeded apace.
Supreme Court Orders Trump Administration to “Facilitate” Return of Man Wrongly Deported – But There Is Always a “But”
This week, the Supreme Court ordered that the United States must facilitate the return of Armando Abrego Garcia, who was wrongly deported to a notorious prison in El Salvador. One might on the face of it question why the Supreme Court’s decision is important to nonprofits. Three aspects of the case make it so.
First, upon return to the trial court, the Trump Administration promptly disobeyed the court’s order attempting to enforce the Supreme Court’s instructions. This Administration held itself above the law. That implicates the rights and freedom of action of every person and organization in the United States, including nonprofits. It also reinforces the troubling question of whether Administration will honor court orders rolling back executive actions relating to funding cuts and other controversial actions impacting nonprofits.
Second, the Supreme Court’s order requiring the Administration to try to help the wrongly deported man treats the case as if the Administration had acted in good faith. One must look at the accompanying statement of Justice Sotomayor to learn that “[t]he Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.” The unsigned majority order itself provides no expression of outrage that the Administration acted with such arbitrariness and cruelty. Furthermore, the very fact that the opinion of the court was not issued as “unanimous” indicates that some sitting members of the Court were fine with the Administration’s arbitrary exercise of power – or at least did not want to go on record as expressly criticizing the President’s actions.
Third, the Administration’s claim of unfettered authority to deport people has no apparent limits. As Justice Sotomayor notes, “The Government’s argument . . . implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene.” History teaches that the erosion of rights occurs on a very slippery slope.
Trump Administration's Targeting of Law Firms, Nonprofits, and Universities Advances the Same Crooked Authoritarian End
The Trump administration is pressuring law firms, nonprofits, and academic institutions in what experts describe as authoritarian efforts to stifle dissent. Nonprofits, especially those focused on climate action, poverty alleviation, or equity, report funding losses and federal investigations without substantiated legal claims. As the linked article reports, however, these attacks on nonprofits are part of a broader pattern of intimidation I have been emphasizing in my weekly updates:
There is strong scientific basis for the notion that forcing someone to repeat a statement increases the likelihood of a person internalizing or accepting the belief, even if they initially disagreed with it. Whether categorized as the illusory truth effect, cognitive dissonance and self-persuasion, or some other label, the effect is real. By reducing the range of permissible discourse and forcing people to mouth its favored approaches, this Administration increases the likelihood that its values and beliefs will prevail.
Federal Judge Declines to Limit Immigration Enforcement in Places of Worship
A U.S. District Judge on Friday ruled against religious organizations seeking to restrict immigration enforcement in places of worship. The decision follows the Trump administration's rescission of policies that protected sensitive locations, including churches, from immigration enforcement. This ruling will inhibit nonprofits and religious groups from providing sanctuary to undocumented immigrants.
Another Federal Immigrant Registration Ruling Causes Me to Confront My Own Conflicting Views About Undocumented Immigration
A different federal judge ruled that the Trump Administration can move forward with its plan to force all immigrants who are in the United States illegally to register with the federal government. In other words, the Administration wants to force people who are undocumented to admit that fact and essentially self-identify as deportable. This ruling makes it more difficult for nonprofits dealing with undocumented beneficiaries to aid their clients.
I admit to having internally divisive views about undocumented immigration. The lawyer in me says that rules are rules. Since at least 1940, the federal government has had statutory authority to require all aliens to register with the U.S. government. The government has the right and obligation to protect itself and its citizens from unlawful entry or residence in the United States.
But what about the children born in the United States after the undocumented entry of their parents? Those children are U.S. citizens; are we to strip them of parents subject to deportation? What about those who flee persecution but lack the means or even the awareness to formally seek asylum? And what about the fact that many industries depend on the good faith and hard work of many of those who are undocumented? In other words, what about the fact that we all benefit from undocumented immigration?
My own personal answers to those questions are tentative and sometimes inconsistent. I recognize that other people may readily disagree. I want reasoned debate and reasoned legislation, but for more than a hundred years our nation has struggled to do just that.
I don't write those paragraphs to suggest that my ideas should persuade you. I also don't want to suggest that this is my tragedy. I write from a position of safety and privilege. I grieve for a nation that cannot act with justice and fairness concerning an issue of such importance. And from my own ethical upbringing, I can't help but think that what we do to the least powerful in our society is a direct reflection on ourselves.
U.S. Catholic Bishops End Refugee Aid Partnerships and Evangelicals Call for Better Process for Considering Aid Cuts
On Monday, the U.S. Conference of Catholic Bishops announced the termination of its decades-long partnership with the federal government to assist refugees and unaccompanied migrant children. This decision follows abrupt funding cuts by the Trump administration, leading to the closure of programs and layoffs. The bishops cited the inability to maintain service levels without federal assistance, impacting over 6,000 recently arrived refugees. On Tuesday, evangelical leaders called for a more thoughtful approach to cutting government spending, emphasizing the need to review and reform foreign aid programs without disrupting effective initiatives.