Iowa immigrant group is alarmed by a state lawmaker's demand for confidential information

DES MOINES, Iowa — An Iowa immigrant rights organization is refusing a lawmaker's demands to turn over private details about the nonprofit's clients, donors and members, calling it intimidation from public officials amid a national crackdown on immigration.

The directive dated Feb. 24 was sent to Iowa Migrant Movement for Justice by the chairman of the state House government oversight committee, Rep. Charley Thomson.

An attorney for Iowa MMJ rejected the demand in an April 18 response to the full committee, saying it is not a legally valid request and suggesting the letter raises serious concerns about an abuse of process.

The organization's founding executive director, Erica Johnson, wrote to members last week describing what happened ''as a reminder that we all have rights, we have each other's backs and we will not remain silent or intimidated by threats."

The Associated Press reviewed copies of the directive and the organization's response. Thomson, a Republican, declined to comment or respond to the AP's specific questions sent via email.

The committee's ranking Democrat, Rep. Elinor Levin, said she's aware of approximately 10 entities, both private and public, that received directives to provide information. No other entity works directly with migrant, immigrant or refugee communities, Levin said; some are educational institutions.

Levin said the letter was intimidating, burdensome and potentially beyond the committee's powers.

''This does not, to me, read as the highest priority for our government oversight committee," Levin said, ''particularly in a moment when our refugee and migrant communities are in crisis and the services provided by these organizations are absolutely vital.''

Immigrant groups feel intimidated

The request for private details from Iowa MMJ came as President Donald Trump's administration pursued a campaign to strengthen and broaden immigration enforcement and Republican governors offered their full cooperation, leading to fear among immigrant communities.

The organization had been at the statehouse to protest and speak to lawmakers about legislative proposals. One bill would have required local law enforcement to work directly with U.S. Immigration and Customs Enforcement.

Johnson said the letter came amid ''off the charts'' attacks on nonprofits and on those working in immigrant and legal services.

''It seems like everyday we say to ourselves, ‘Oh my God, how could it get worse?''' Johnson said. ''And then it does.''

Johnson said the organization, knowing their rights, is not complying and is speaking out despite the risks.

As federal immigration officials have moved to enforce a registry of people in the U.S. illegally, it's not clear if similar requests are being made of immigration organizations across the country or what lawmakers would do with the information.

The government oversight committee

The directive cites a chapter of Iowa law that establishes the powers of legislative committees, including conducting ''in-depth studies of governmental matters." With the approval of the entire chamber, committees also can launch investigations with the power to issue subpoenas for information or witnesses.

A spokesperson for the Iowa House Republicans, who make up a majority of the chamber, declined to answer questions on the government oversight committee's purview. The House has not passed a resolution approving an investigation.

Although Thomson's letter doesn't cite a specific inquiry, it states that Iowa MMJ has material ''that may be relevant to the Committee's investigation'' and directs the organization to retain all relevant evidence. Failure to do so, it states, could result in severe consequences, including fines or potential criminal liability.

The directive also tells Iowa MMJ ''not to discuss … or notify any person or entity that you have been directed to provide this information.''

Levin said she doesn't believe the committee chair can issue such a gag order, calling it an ''aggressive tactic" to try to scare people.

Targeting a nonprofit

Thomson's directive asks Iowa MMJ to list the legal services they've provided, by whom and to whom, as well as the names and addresses of donors and members.

The tax-exempt nonprofit organization is required to submit annual disclosures to the IRS and biennial reports with the Iowa secretary of state.

Speaking generally, nonprofit organizations ''are not required to make all their information public,'' said Paul Thelen, director of a nonprofit resource center at the University of Iowa College of Law. Oversight or investigations into credible allegations of fraud fall in most states to the attorney general, Thelen said.

''Think for a moment about schools, hospitals, or legal services organizations sharing the names of students, patients, or clients,'' he wrote in an email. ''To make this information public would potentially violate legal and professional expectations of confidentiality and privacy.''

Iowa Migrant Movement for Justice

Iowa MMJ was created in 2020 and describes itself as a ''statewide, membership-based legal service and advocacy organization,'' led by immigrants, refugees and their allies. It advertises legal clinics in Des Moines, Cedar Rapids and Storm Lake, as well as several other communities with a large immigrant population.

The organization also sued the state over its immigration law enacted last year that would make it a state crime for a person to be in Iowa if they are in the U.S. illegally.

IRS filings for the tax-exempt organization show it received more than $900,000 in contributions in 2022.

Iowa MMJ says it also receives roughly 7% of its budget from a victims assistance grant distributed by the state attorney general's office and abides by its reporting requirements.

''We don't understand what the basis of the letter is,'' Johnson said. ''Why do they think they have jurisdiction to tell a private nonprofit organization to hand over all this information? As far as we can tell, they don't.''

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The story has been updated to correct the spelling of the nonprofit resource center director's last name.