Background
Executive orders (EOs) signed by the President provide guidance and directives to federal agencies on their operations and policies and have the force of law. Once they are signed, they remain in effect unless they expire, are revoked, or nulled in court. Only a sitting President can rescind executive orders signed by a previous administration. However, executive orders are not legislation, and while Congress can advance legislation that supports or hinders the effects, it cannot overturn them. After he was sworn into office, President Trump signed dozens of EOs covering a broad range of issues.
Why it Matters to Nonprofits
The work of charitable nonprofits cover a wide range of causes and efforts, and executive orders have the potential to impact funding, staffing, and general operations of critical community services. The implications of the executive orders vary greatly from immediately taking effect to immediately being challenged in court. Staying abreast of the executive orders and their related actions is crucial for ensuring nonprofits are aware of upcoming hurdles to their work.
Nonprofits with federal grants and contracts, especially those providing diversity, equity, and inclusion trainings and programs to or in partnership with the federal government, or work in immigration, LGBTQ+ rights, or environmental protection, should review their programs and contract language immediately as it pertains the various EOs.
Tracking Executive Orders
In an effort to aid the swift analysis of the recent executive orders, we have crafted a chart of the most pertinent executive orders, expected impacts, and related actions that we will be updating regularly.
Noteworthy Related Actions
On Jan. 27, 2025, the Office of Management of Budget (OMB) issued an memo in response to some of the executive orders, including Executive Order Ending Illegal Discrimination and Restoring Merit-Based Opportunity, that called for the pausing of all OMB grants and loans. The National Council of Nonprofits, American Public Health Association, Main Street Alliance, and SAGE filed for a temporary restraining order to stop the memo from going into effect (see the Complaint). On Jan. 28, 2025, minutes before the memo went into effect, a DC federal judge ordered an administrative stay. On Jan. 29, OMB rescinded the memo. The judge issued a temporary restraining order on Feb. 3, 2025 prohibiting the “implementing, giving effect to, or reinstating under a different name the directive to halt federal spending broadly.”
In a separate suit by 22 state Attorneys General, a second federal judge issued a temporary restraining order on Jan. 31, 2025.
- National Webinar: Executive Actions and their Impact on Charitable Nonprofits (57:38) recording and slides, National Council of Nonprofits, Feb. 7, 2025.
Where We Stand
This order is a potential five-alarm fire for nonprofit organizations and the people and communities they serve. From pausing research on cures for childhood cancer to halting food assistance, safety from domestic violence, and closing suicide hotlines, the impact of even a short pause in funding could be devastating and cost lives. This order could decimate thousands of organizations and leave neighbors without the services they need.
- National Council of Nonprofits' President & CEO, Diane Yentel.
Official Statements & Press Releases
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National Council of Nonprofits Statement on White House Memorandum for the Heads of Executive Departments and Agencies, Feb. 7, 2025.
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National Council of Nonprofits Reacts to Rescinding of OMB Memo Ordering Funding Freeze, official statement, National Council of Nonprofits, Jan. 29, 2025.
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Nonprofits, Public Health Leaders, Small Businesses File Suit to Block OMB Attempt to Halt Essential Services, press release, National Council of Nonprofits, Jan. 28, 2025.
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National Council of Nonprofits Statement on Pause to Federal Grants and Contracting, official statement, National Council of Nonprofits, Jan. 28, 2025.
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National Council of Nonprofits Statement on Executive Orders from President Trump, official statement, National Council of Nonprofits, Jan. 27, 2025.
Action Items
To help get a better sense of the real-world effects of the announced executive orders or the new freeze in federal funding, we have set up a form for nonprofits to share the effects on their missions and the people they serve.
More About Executive Orders
- Frequently Asked Questions on Executive Actions Impacting Nonprofits, National Council of Nonprofits, Updated frequently.
- Why We Filed a Lawsuit Against the Administration, Diane Yentel, National Council of Nonprofits, Feb. 10, 2025.
- "Head on a Swivel" Advocacy, National Council of Nonprofits, Jan. 27, 2025. Presidential Actions, White House.
- What Is an Executive Order?, American Bar Association, Jan. 25, 2021.
Additional Resources
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Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives, Commonwealth of Massachusetts, The State of Illinois Offices of the Attorney General, and 14 state attorneys general, Feb. 13, 2025.
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Litigation Tracker: Legal Challenges to Trump Administration Actions, Just Security