As nonprofits and philanthropic organizations navigate the challenges of the Trump administration, advocacy remains essential in protecting vulnerable communities, defending civil rights, and upholding democratic values. While 501(c)(3) organizations must remain nonpartisan, they can and should critique executive actions and policies threatening their missions.
Here’s how nonprofits can take action and make a meaningful impact.
Stay Informed & Be Proactive
Follow policy updates and executive orders (EOs) that impact nonprofits. The National Council of Nonprofits maintains a continuously updated chart tracking these EOs and their legal status. Monitor federal funding shifts and regulatory changes that could affect your organization’s ability to serve its community. Stay ahead of potential threats by developing rapid response plans to address harmful policies.
Speak Out Against Harmful Executive Actions
Publicly oppose executive orders that contradict your mission. Criticizing government policies is not the same as opposing a political candidate. Mobilize your network—engage members, supporters, and partner organizations in advocacy efforts. Contact key decision-makers, including executive branch officials and congressional representatives, to share how these policies harm your community. Demand accountability and pressure elected officials to push back against executive overreach.
Advocate to the Executive Branch (It’s NOT Lobbying!)
Under IRS rules, advocacy directed at executive branch policies does not count as lobbying for 501(c)(3) organizations. Even when speaking to Congress, as long as you’re addressing executive orders or agency actions (not legislation), it does not count as lobbying. Review the Alliance for Justice’s Being a Player guide for clarity on permissible advocacy activities.
Use the Courts: Litigate When Necessary
Nonprofits have played a critical role in challenging harmful policies through lawsuits, such as those against the funding freeze and the birthright citizenship ban. Work with legal counsel to assess opportunities for litigation when executive actions threaten your mission and the communities you serve.
Lobby for Legislative Protections
501(c)(3)s and 501(c)(4)s CAN lobby—use this power wisely. Push for laws that provide long-term protections against harmful executive orders. Many Trump-era EOs are reversing Biden policies precisely because they were never passed into law. Oppose harmful cabinet nominees and judicial appointees who threaten civil rights and social justice.
Strengthen the Courts: Judicial Advocacy
The judiciary is a key safeguard against executive overreach. Advocate for the confirmation of fair, independent judges. Remember: Lobbying for judicial confirmations counts as lobbying under IRS rules—track these efforts carefully. Stay informed on judicial appointments by following AFJ’s judicial nominee tracker.
Using “America First” Language to Advance Legislation and Action
Nonprofits can leverage “America First” language to build bipartisan support by framing policies as investments in American families, jobs, and prosperity. Emphasizing fiscal responsibility and economic growth, nonprofits can advocate for cost-saving initiatives that strengthen communities while reducing government spending. Tying advocacy to national security and American sovereignty can further align nonprofit priorities with broader political interests, making it easier to advance legislation and action.
Work at the State & Local Level for Lasting Change
State and local governments can act as a counterbalance to harmful federal policies by implementing protective measures and supporting nonprofit initiatives. Advocate for state and local laws, funding, and policies that safeguard your work and the communities you serve. Partner with city councils, county boards, and state legislatures to promote equity-focused policies, funding streams, and programs. Push for municipal-level protections where state action is limited. Many progressive cities have adopted policies to counteract federal rollbacks. For example: Even though Trump rolled back electric vehicle goals, California maintained its requirement that all new cars be zero-emission by 2035. Similarly, cities like New York and Seattle have implemented their own clean energy and climate resilience plans to mitigate federal inaction.
Step Up: Nonprofits Must Fill the DEI Gap
The Trump administration deprioritized DEI work—nonprofits, foundations, corporations, and academic institutions must step up to fill this void. Support efforts like AFJ’s Building the Bench, which promotes diverse and representative judicial appointments. Continue to invest in DEI efforts, even when the federal government does not.
Nonprofits as the Last Line of Defense
Nonprofits play a critical role in defending democracy, civil rights, and social justice. Support your peers, collaborate across sectors, and amplify the voices of marginalized communities. If you have questions about your nonprofit’s ability to engage in executive and legislative advocacy, reach out to Andrew Shaughnessy, Owner of Limitless Horizons Consulting at Andrew@LimitlessHorizonsConsulting.com
Final Thoughts
The nonprofit sector is a powerful force for change, and advocacy is more important than ever. Stay informed, mobilize your networks, and continue to speak truth to power. Your voice matters—use it.