Last September, during his reelection campaign, former President Donald Trump made an important announcement on his Truth Social media platform. He introduced “Border911,” a tax-exempt charity led by his former Immigration and Customs Enforcement chief, Tom Homan.
“Come and be a part of something monumental!” Trump encouraged his massive following of over 6 million individuals.
Homan’s charity, Border911, has a mission to “educate” swing voters about the alleged threats that have crossed the Southwest border during President Joe Biden’s tenure. The goal is to ensure that these voters “make the right decision” in the upcoming November election. This information comes from public statements made by Homan, who has been a longstanding critic of Biden. It is worth noting that if reelected, Trump has promised to appoint Homan to lead a forceful campaign against illegal immigration.
Border911 has announced its intention to undertake a tour across 12 battleground states with the aim of persuading independent and Democratic voters to prioritize border security as their top concern on Election Day, according to Homan’s statement on a recent podcast.
“He added confidently, “And that’s exactly what we need – Trump is going to win.”
The charity, a tax-exempt 501(c)(3) organization, presents itself as a collective of esteemed border security experts. These experts include Mark Morgan and Rodney Scott, who are veterans of the Border Patrol, as well as Sara Carter, a contributor to Fox News. The organization has gained attention and support from conservative media outlets, and notable Republicans such as Rep. Mark Green, R-Tenn., the chairman of the House Homeland Security Committee, have publicly expressed their endorsement.
Upon closer examination of Border911 by ABC News, it has come to light that the organization has deep connections with high-profile conspiracy theorists who have been known to promote baseless allegations surrounding the 2020 presidential election. This revelation has sparked concerns about whether Border911 is actively endorsing Trump’s candidacy in a manner that could be considered illegal intervention in a political campaign.
According to experts, Border911, a 501(c)(3) organization, seems to have leveraged its status as a tax-exempt charity to advocate for the reelection of President Trump, in violation of the federal prohibition on such activities.
Lloyd Mayer, a law professor at Notre Dame University who specializes in nonprofit organizations, finds it ironic that the group advocating for strict enforcement of U.S. immigration laws is making this statement.
Mayer pointed out that although someone may claim to be strongly in favor of law and order, they could potentially be engaging in illegal activities themselves.
In a response to ABC News’ inquiry, Homan expressed that any problematic messaging was unintentional. He further stated that they are swiftly implementing changes to ensure compliance with federal rules.
When asked about any other questions, Homan directed them to Steve Lentz, an attorney working with Border911. Lentz mentioned that Homan is new to the charity sector and is currently in the process of familiarizing himself with its workings.
‘What they mean is Trump’
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In just two weeks, on April 4th, Border911 will be hosting its inaugural “major fundraiser” at the prestigious Mar-a-Lago estate in Florida, graced by the presence of none other than Donald Trump himself, alongside his esteemed advisors and a multitude of other passionate Trump supporters, as referred to by Homan. The tickets for this remarkable event are tax-deductible, with prices ranging from $1,200 to $5,000 each.
According to Lentz, Border911’s general counsel, an email was sent by Border911 to the current White House inviting Biden. However, the invitation was not accepted.
Homan recently expressed his excitement and support for Border911 on a podcast, urging everyone to join in the celebration alongside Trump.
Mayer highlights that the connection of these actions to the presidential election becomes problematic, particularly in light of the confirmed Trump-Biden rematch.
According to IRS guidelines, 501(c)(3) organizations are strictly prohibited from publicly expressing support for or opposition to any candidate for public office. Voter education efforts that demonstrate bias against one candidate or favor another are considered a violation of this prohibition.
According to Homan, Border911 is heavily dependent on the Mar-a-Lago fundraiser to finance the charity’s nationwide tour of battleground states. He believes that this tour will serve as an opportunity to educate people about the importance of voting for border security on Election Day.
According to Lentz, the use of such rhetoric is merely a way of presenting a particular position, without directly urging people to vote for a specific candidate.
According to Mayer, the meaning behind the Border911 team’s call to “vote for border security” has been elucidated through Homan’s public comments and the information provided on the Border911 website.
According to Mayer, when they refer to “they,” they are actually referring to Trump. Mayer explains that it is evident by examining the materials they provide.
For the past few months, Border911’s website has prominently displayed a video featuring a clip of Homan stating, “I’m a Trump guy. No one did more to secure this country than Donald Trump.” The video is branded with Border911’s logo.
ABC News removed the video earlier this week when Homan was questioned about Border911’s activities. In its place, a flyer was posted, announcing Trump’s confirmed attendance at the Mar-a-Lago event.
“I pray that by January 2025, we will have someone in the White House who will empower Border Patrol agents to carry out their duties,” expresses Homan in a video that was taken down from the website on Thursday.
“We wake up every day filled with anger at the damage this administration has caused to the security of the United States,” Homan expresses in another video on the Border911 website.
According to Mayer, not only does the T-shirt cross the line, but all the other elements also contribute to clear political campaign intervention.
According to Dan Kurtz, a partner at Pryor Cashman, a law firm based in New York and representing nonprofit organizations, Border911 has clearly been breaking the law by using tax-exempt funds to interfere in a campaign. Kurtz emphasized that charities should not engage in such activities.
According to Kurtz, the task at hand is not something that can be approached with minimal effort. In fact, he emphasizes that there is no room for any sort of intervention.
According to Mayer, the IRS typically avoids taking enforcement action in politically-sensitive cases, but he did not completely rule out the possibility, especially after the election. He emphasized the importance of understanding Border911’s activities, stating that defying a law passed by Congress could undermine the “rule of law.” Mayer also mentioned that potential donors might be interested in knowing about such actions.
“I do wish they had approached it differently,” Lentz admitted to ABC News. “It would have been preferable if there were no mentions of specific candidates or elections, or anything of that nature.”
Lentz assured that his team will thoroughly review all content in the upcoming days to ensure that there is no possibility of it being misconstrued as an endorsement for any candidate.
‘Treasonous’?
Since Biden assumed office, there has been an undeniable surge in key border-related statistics, as highlighted by a comprehensive page on Border911’s website. The numbers speak for themselves, with an alarming 7.5 million migrant encounters recorded along the Southwest border. Additionally, there have been nearly 2 million reported instances of border-crossers detected but not apprehended. Furthermore, at least 340 migrants have been apprehended with names matching those on a government watchlist of known or suspected terrorists. These figures underscore the gravity of the situation. Meanwhile, the devastating impact of fentanyl overdoses on Americans continues to skyrocket, reaching unprecedented levels.
Homan has accused Biden and his administration of being “treasonous,” echoing Trump’s sentiments. He believes that they intentionally allow violent criminals, human traffickers, terrorists, and fentanyl to enter the United States for political purposes.
The Biden administration officials refute such rhetoric, asserting that they are prioritizing border-crossers who they deem to be the most significant threat to Americans due to limited resources.
Government statistics indicate that a minuscule portion, less than 2 percent, of individuals who arrived at U.S. borders in the last three years possessed a criminal record. Furthermore, the majority of these records were linked to nonviolent offenses, such as driving under the influence or prior illegal entry into the country.
According to administration officials, there is no credible evidence indicating that foreign terrorist organizations have any intentions of sending operatives into the United States through Mexico. They also highlight that the government watchlist may occasionally flag individuals who have indirect or family connections to terrorism, even if they are not directly involved themselves.
Officials stress that the majority of fentanyl entering the country, about 90 percent, is not being illicitly transported across an unguarded border. Instead, it is being concealed within vehicles and transported through official ports of entry.
‘People trust charities more’
Homan, who has over three decades of experience in law enforcement, is described by Lentz as being “passionate” about border-related issues. When discussing the victims of human traffickers or drug smugglers he has encountered, Homan has been known to become emotional in public.
According to Homan, Border911 is a charity he established last year due to his increasing concerns about the escalating threats.
During a recent podcast interview, he shared his motivation behind starting Border911, stating, “One morning, I woke up with a burning desire to reclaim our government and ensure the right person occupies the White House.” Taking matters into his own hands, he invested his personal funds and dedicated himself to crafting the program and developing the website.
However, the story of Border911 goes beyond that.
Border911 originated from the America Project, an organization that identifies as “America First” and played a role in disseminating false information regarding the 2020 presidential election. Additionally, the organization continues to gather funds in order to support individuals it refers to as “political hostages” who were apprehended following the attack on the U.S. Capitol on January 6, 2021.
The America Project, spearheaded by Patrick Byrne, former CEO of Overstock.com, and Michael Flynn, former national security adviser to Trump, took initiative in 2022 by organizing the “Border911” tour. This tour featured presentations by Thomas Homan and other self-proclaimed “experts” who aimed to raise awareness about the perceived “invasion at our Southern border” among receptive audiences.
According to Lentz, last year, Homan was seeking to join a project that was solely dedicated to border security. In response, the America Project generously granted Homan the intellectual property rights to Border911.
Homan took the initiative to submit trademark applications for Border911’s logo and seek IRS recognition as a 501(c)(3) charity. Additionally, he embarked on creating a new website for Border911.
According to Mayer, organizations frequently pursue 501(c)(3) status due to the benefits it provides, such as the ability to receive tax-deductible donations. This status not only simplifies the process of raising funds but also enhances the organization’s credibility in the eyes of potential donors.
He explained that charities are trusted more by people.
Border911 continues to maintain a strong and friendly relationship with the America Project. Recently, the America Project issued a press release endorsing the Mar-a-Lago fundraiser and expressing their pride in standing alongside Border911.
Mark Finchem, who attempted to become Arizona’s secretary of state in 2020 but was unsuccessful, revealed in a recent interview that he is supporting Homan with Border911. While he didn’t provide specific details, Finchem expressed his involvement in the project. Additionally, Ben Bergquam, a prominent right-wing media personality known for his “Ultra Extreme MAGA” T-shirts and belief in Trump’s victory, is informally part of the Border911 team, according to an official member in December.
In a Facebook post last November, Border911 shared a MyPillow advertisement that highlighted the proactive nature of Mike Lindell and his team. The ad urged people to support both Border911 and MyPillow.
According to Lentz, Homan and Border911 are not interested in engaging in a discussion about a stolen election.
According to Lentz, Border911 is associated with numerous individuals to ensure inclusivity. The charity’s goal is to reach out to as many people as possible.
‘There will be a (c)(4)’
A different kind of tax-exempt organization exists known as a 501(c)(4). These organizations have the ability to intervene in elections and lobby members of Congress. However, it is important to note that donations made to 501(c)(4) organizations are not tax-deductible.
Lentz mentioned that he and Homan are currently taking steps to register a separate entity with the IRS as a 501(c)(4) organization. This will allow the Border911 team to engage in political activities.
According to him, there will eventually be a (c)(4).
Lentz, in the meantime, plans to prioritize the sole use of the Border911 Foundation, a 501(c)(3) organization, for educational purposes.
According to Lentz, ABC News was informed that there is now a clear understanding that endorsing a candidate, whether openly or secretly, is not permissible.
Tom’s commitment to rectifying any improper actions is unwavering, as he ensures that any unintended mistakes are promptly addressed. Lentz emphasizes that these occurrences are unintentional and not done with any ill intent. Being a former law enforcement officer, Tom prioritizes compliance with the law.
