Threats 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)