Iowa Immigrant Group Rejects Lawmaker’s Demand for Private Client and Donor Information

DES MOINES, Iowa — A lawmaker in Iowa wants an immigrant rights group to give them private information about their clients, funders, and members, but the group refuses, saying that it is being threatened by public officials during a nationwide crackdown on immigration.

The order from February 24 was sent to Iowa Migrant Movement for Justice by Rep. Charley Thomson, who is in charge of the government review committee in the state House.

In an April 18 letter to the full committee, an attorney for Iowa MMJ turned down the demand, saying it was not a legal request and that the message raised serious concerns about an abuse of process.

Erica Johnson, the founding executive director of the group, wrote to members last week to tell them what happened “as a reminder that we all have rights, we have each other’s backs, and we will not stay silent or be scared by threats.”

The Associated Press looked at copies of both the order and the group’s answer. Thomson wouldn’t say anything or answer the AP’s specific email questions.

Rep. Elinor Levin, the senior Democrat on the committee, said she knows of about 10 private and public organizations that were told to give information. Levin said that other than educational institutions, no one else works directly with migrant, immigrant, or refugee groups.

Levin said the message was scary, annoying, and might have been beyond the committee’s authority.

“This doesn’t seem like the most important thing for our government oversight committee,” Levin said. “Especially now, when our refugee and migrant communities are in crisis and these groups’ services are absolutely vital.”

Groups of immigrants feel threatened

The request for private information from Iowa MMJ happened at the same time that President Trump’s administration was trying to crack down on immigration in a bigger way, and Republican states were ready to help. This made immigrant communities afraid.

The group went to the statehouse to protest and talk to politicians about ideas for new laws. There was a bill that would have made local police work directly with U.S. Immigration and Customs Enforcement.

Johnson said the letter was sent during “off the charts” attacks on nonprofits, people who work in law and immigrant services, and people who run restaurants.

“Every day it seems like we think, ‘Oh my God, how could things get worse?'” Johnson told me. “Then it does.”

Johnson said that the group is not following the rules because they know their rights and are speaking out even though it could be dangerous.

As the federal government moves to police a list of people in the U.S. illegally, it’s not clear if immigration groups across the country are being asked to do the same or what lawmakers would do with the data.

The Committee for Oversight of the Government

The directive refers to a part of Iowa law that spells out the duties of legislative committees, which include “in-depth studies of governmental matters.” As long as the whole chamber agrees, committees can also start investigations and use warrants to get information or witnesses.

A spokesman for the Iowa House Republicans wouldn’t say what the government oversight group is supposed to do. It has not been passed by the House that a review is okay.

Thomson’s letter doesn’t name a specific investigation, but it does say that Iowa MMJ has information “that may be relevant to the Committee’s investigation” and tells the group to keep all evidence that is relevant. It says that failing to do so could lead to serious problems, such as fines or even criminal charges.

Iowa MMJ is also told in the order “not to discuss… or notify any person or entity that you have been directed to provide this information.”

Levin said she doesn’t think the committee chair can order such a gag order. She called it a “aggressive tactic” to scare people.

Going after a nonprofit

Thomson told Iowa MMJ to make a list of the legal services they’ve given, along with the names and addresses of donors and members. The list should also include who provided the services and to whom.

The tax-exempt charity group has to send the IRS annual reports and reports to the Iowa secretary of state every two years.

Paul Thelan, who runs a charity resource center at the University of Iowa College of Law, said that in general, nonprofits “do not have to make all of their information public.” Thelan said that in most states, it is the job of the attorney general to keep an eye on or look into legitimate claims of fraud.

In an email, he said, “Think for a moment about how schools, hospitals, or legal services groups would share the names of students, patients, or clients.” “Making this information public could be against the law and go against professional and legal expectations of privacy and confidentiality.”

Iowa’s Movement of Migrants for Justice

It was founded in 2020 and calls itself a “statewide, membership-based legal service and advocacy organization.” It is run by immigrants, refugees, and people who support them. As well as Des Moines, Cedar Rapids, Storm Lake, and other cities with lots of immigrants, it promotes legal clinics in those places.

There was also a lawsuit against the state over an immigration rule that was passed last year. If someone is in Iowa illegally, it is against the law for them to be there.

The tax-exempt group reported to the IRS that it got more than $900,000 in donations in 2022.

Iowa MMJ also says that about 7% of its income comes from a grant from the state attorney general’s office to help victims, and it follows the grant’s reporting rules.

And Johnson said, “We don’t understand what the letter is about.” “They think they have the right to tell a private nonprofit organization to give them all this information. Why do they think that?” From what we can tell, they don’t.

About The Author