The official formalities were barely over when President Donald Trump signed a flurry of executive orders (EO), many of which reversed Biden administration policies impacting nonprofits. Below, we share details of key EOs of the new administration. We recommend that you explore the ones applicable to your organization and consult with your team on the steps you need to take in response.
Bear in mind that this is a fluid, evolving situation. There are already legal challenges to some of the EOs, which may or may not put them on hold. It would be prudent to watch the news and set up Google Alerts for specific topics and EOs that impact your organization so you can track the current status.
Diversity, Equity, and Inclusion Rescinded
Trump’s newly signed executive orders reversed Biden’s EOs and memorandums, including those directly related to diversity, equity, and inclusion initiatives. The most significant impact will be on federal programs. Under the Biden administration, three EOs expanded DEI in federal programs. Trump has reversed this policy even though these orders stood up to court challenges.
A related Executive Order from Trump has directed the Office of Management and Budget and the Office of Personnel Management to coordinate with all federal agencies to terminate DEI programs in federal agencies, including equity-related grants and equity action plans. Although private sector DEI grants are currently unaffected, this may change soon as the administration has indicated a willingness to change these as well.
Immigration and Birthright Citizenship
Birthright citizenship was granted as part of the 14th Amendment to the United States Constitution in 1868. It was enacted to ensure enslaved people born in the United States could be granted full citizenship. The interpretation of this Amendment has been expanded over the years to include any children born on American soil, including children born to non-citizen mothers or fathers. The new EO seeks to end this right and make children born of non-citizen parents, even if such children are born on American soil, not U.S. citizens. The American Civil Liberties Union (ACLU) has already challenged this highly controversial EO in court. Many law scholars also believe the EO is unconstitutional.
Additionally, President Trump issued a sweeping executive order entitled “Protecting the American People Against Invasion.” This order directs relevant federal agencies to remove undocumented immigrants from the country, create statewide Homeland Security Task Forces and detention centers, identify all “unregistered illegal aliens,” block federal funding to sanctuary cities, and ensure that undocumented immigrants do not receive any public benefits.
Executive Order Potentially Impacting Government Contracting
President Trump also signed executive orders to mandate that federal workers return to full-time, in-person work, implement a federal hiring freeze, and change the federal workforce, allowing career employees to be more easily fired for “insubordination.” Additionally, these orders remove pay transparency and equity requirements for federal workers, contractors, and subcontractors and freeze any outstanding regulations pending review.
Census
Trump also rescinded Executive Order 13986: Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census. This EO required all persons, regardless of citizenship or immigration status, to be counted in the Census. The National Council of Nonprofits previously submitted an amicus brief when this issue was heard by the U.S. Supreme Court for the 2020 Census.
More Executive Orders to Come
It seems like every day another flood of orders comes from the new administration that changes or reverses the previous administration’s orders. Other EOs issued by the Trump Administration include removing the United States from WHO, the Paris Climate Accords, changing EV vehicle mandates, and more. More are expected to come in the days and weeks to follow.
Nonprofits: Watch and Prepare
If your organization relies upon federal funding, it is vital to assess these EOs as they are announced for any possible impact on your organization. The new Department of Government Efficiency (DOGE) is examining grants, funds, and expenditures and suggesting cuts to save money. Freezes on funds are imminent and the list of possible freezes changes daily. The legality of many EOs has been challenged and court briefs filed. Watch the news and prepare your organization as best as you can by monitoring the situation and discussing the potential ramifications of these changes, especially to your services and budget.
Welter Consulting
Welter Consulting bridges people and technology together for effective solutions for nonprofit organizations. We offer software and services that can help you with your accounting needs. Please contact us for more information.
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