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Congress moves to strip tax-exempt status of US nonprofits supporting terror

If enacted, the proposed legislation could be used to go after CAIR and its well-documented ties to Hamas.

The executive director of the Council on American-Islamic Relations (CAIR), Nihad Awad, speaks during a press conference on Capitol Hill in Washington, D.C., to support Rep. Ilhan Omar (D-Minn.) on March 6, 2019. Photo by Brendan Smialowski/AFP via Getty Images.
The executive director of the Council on American-Islamic Relations (CAIR), Nihad Awad, speaks during a press conference on Capitol Hill in Washington, D.C., to support Rep. Ilhan Omar (D-Minn.) on March 6, 2019. Photo by Brendan Smialowski/AFP via Getty Images.
Julie Marzouk. Credit: Courtesy.
Julie Marzouk
Julie Marzouk is an attorney, author and board member of the Intelligent Advocacy Network.

On Sept. 11—the 23rd anniversary of terror attacks—the U.S. House of Representatives received bipartisan approval for the markup of H.R. 9495, a bill that would terminate the tax-exempt status of terror-supporting organizations. The bill specifies how the Department of Treasury would evaluate a nonprofit’s material support for terrorism using legal standards outlined in 18 U.S.C. 2339B, which have been in place since 1996. Hamas has been recognized by the U.S. government as a foreign terrorist organization since 1997. In response to this week’s bill, the Council on American Islamic Relations (CAIR), which continues to present itself as a defender of civil rights, released a press release opposing the House measure. If enacted, the legislation could be used to go after CAIR and its well-documented ties to Hamas.

Hamas’s murder of 1,200 people, including at least 40 Americans, during the terrorist attacks in southern Israel on Oct. 7 was publicly celebrated by CAIR. Nihad Awad, CAIR’s national executive director, expressed his “happiness” at witnessing the Oct. 7 attacks. Hussam Ayloush, CAIR’s executive director in the greater Los Angeles area asserted that “Israel should be attacked” and that Israel has no right to defend itself. CAIR’s San Francisco Bay Area executive director, Zahra Billoo, described Oct. 7 as “decolonization,” justifying the mass murder of civilians.  As recently as July 30, Billoo praised Hamas leader Ismail Haniyeh, one of the orchestrators of the Oct.7 attacks, as a “hero and a martyr.” This is the same Haniyeh who was indicted on Sept. 3 by the U.S. Justice Department as a named defendant in Hamas’s conspiracy to engage in the murder of U.S. nationals on Oct. 7.

The Intelligent Advocacy Network, an organization that addresses the rise of misinformation and extremism through data collection and analysis, recently issued a report documenting CAIR’s 30-year association with Hamas. As far back as 1994, CAIR’s founder and current executive director, Awad, declared: “I am in support of the Hamas movement.” CAIR was named an unindicted co-conspirator in the 2007-2008 Holy Land Foundation trial exposing its role in funneling money to Hamas. In 2010, Nabil Sadoun, a longtime member of CAIR’s national board, was deported for failing to disclose his ties to Hamas. 

CAIR seeks to shape U.S. policy in ways that align with its pro-Hamas agenda. Since Oct. 7, CAIR has pushed extreme anti-Israel resolutions and its long-term strategic plans in city councils, universities, state governments and the federal government. Earlier this year in California, CAIR lobbied unsuccessfully against state Senate Bill 1277, which expands Holocaust and genocide education, including the Armenian, Bosnian, Cambodian, Guatemalan, Indigenous American, Rwandan and Uyghur genocides. In doing so, CAIR further revealed its willingness to disregard historical atrocities to further its pro-Hamas agenda.   

In December, the White House severed ties with CAIR in its work on both antisemitism and Islamophobia after video surfaced of Awad making what Andrew Bates, a spokesman for U.S. President Joe Biden, said were “shocking, antisemitic statements,” which were condemned by the administration in the “strongest terms.” The FBI has also ceased formal contact with CAIR. Florida and Maryland have taken actions to separate their legislatures and anti-hate councils from CAIR. It’s time for other states and nonprofit organizations to follow suit. 

CAIR’s stated mission and its true actions and intentions are at odds. The organization’s connections to Hamas and the extreme rhetoric of its leaders make it an unsuitable partner with any legislature, civil rights or anti-hate organization. It is past time for governmental officials to investigate CAIR’s tax-exempt status. Even before investigations are underway, government officers and civil rights organizations must recognize the dangers of associating with this group. CAIR must be refused a seat at the table.

The opinions and facts presented in this article are those of the author, and neither JNS nor its partners assume any responsibility for them.
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