ACLU urges state, local leaders to set up ‘firewalls’ against new Trump administration
by Dana DiFilippo, New Jersey Monitor
December 12, 2024
The American Civil Liberties Union is urging state and local officials to enact a “firewall” of laws and policies to protect citizens against civil rights abuses they expect will unfold over President-elect Donald Trump’s second term.
Speaking to reporters Wednesday, ACLU leaders said states and cities should be ready for Trump to implement Project 2025, the controversial policy wish list circulating among conservatives that Trump has distanced himself from even as he has filled his administration with many of its key players.
“During the first Trump administration, we learned that collective power among state and local officials was critical in blunting some of the worst abuses,” said Deirdre Schifeling, chief political and advocacy officer of the national ACLU. “From city leaders who fought to make their city safe from federal deportation raids to state attorneys general who took legal actions on a range of issues, resistance was national and widespread, and it also worked, which is why Project 2025 tries to limit the power of states and increase executive overreach. We will resist that.”
Schifeling outlined a multi-year plan, dubbed “Firewall for Freedom,” that calls for state and local leaders to act in five ways:
Schifeling pointed to sanctuary state policies in place around the country, including in New Jersey, as a successful example of the type of action the ACLU envisions.
“Our message to state and local leaders is simple. Just say no. Just say no to Trump’s radical agenda and requests from the Trump administration to use state and local resources to violate our rights,” Schifeling said.
In New Jersey, where Democrats control the Statehouse and governor’s office, policymakers have adopted, or at least introduced, policies in line with what the ACLU supports.
State legislators banned immigrant detention centers in a 2021 law that remains somewhat in limbo because of an ongoing court challenge. Gov. Phil Murphy declared New Jersey a sanctuary state for transgender and nonbinary people. Lawmakers codified the right to abortion and have advanced other measures to protect or expand abortion access, including requiring insurers to cover the procedure, protecting patient data, and creating funds to support clinic security, training, and care.
Still, New Jersey is one of the most diverse states, with more than 2 million immigrants, including about a half-million who are undocumented, noted Amol Sinha, who heads the ACLU-NJ. That’s why state legislators must act on several stalled bills that would further heighten protections for immigrants and communities of color, he said.
“This isn’t about simply playing defense. We have to play offense too,” Sinha said.
State legislators should remove barriers to voting by passing measures that would prohibit voter suppression and by expanding language assistance for voters, Sinha said. They also should act to pass the Immigrant Trust Act, which would protect the privacy rights of immigrants “so that we’re not unnecessarily handing over information to those who want to cause our communities harm,” Sinha said.
“There are a lot of leaders out there that have said, ‘Well, let’s just kind of take a look at what he actually does before we take any action.’ We already know what he’s going to do based on his first term and all the rhetoric on the campaign trail and what we’ve seen from his cabinet picks,” Sinha said. “We can’t be complicit in the cruelty of the next administration and we must be aggressive in defending and expanding rights for all.”
ACLU leaders from Minnesota and Washington joined Wednesday’s press briefing, too, exhorting leaders in their states to build firewalls against Trump’s plans.
ACLU-Minnesota executive director Deepinder Mayell said his group urged Gov. Tim Walz to schedule a special legislative session to pass policies to support vulnerable populations. Protecting immigrants and health and personal data are his group’s priorities, Mayell said.
“We are asking our state leaders to lead in the face of these devastating threats,” he said.
The ACLU leaders conceded that the resistance they urge could carry consequences. Trump’s incoming “border czar,” Tom Homan, threatened to jail Denver Mayor Mike Johnston over his plans to block the administration’s mass deportation efforts.
Naureen Shah, the ACLU’s deputy director of government affairs, said she regards such threats as “saber-rattling.” Whatever the consequences, she added, they’re part of a “culture of fear” Trump and his supporters have deliberately crafted.
“But no one’s feeling the fear more than those in our affected communities — immigrant families who have been here for decades (and) transgender children,” Shah said. “We are hearing from our communities about a growing sense of fear and apprehension, and that’s why it is so important right now for leaders to lead. Our state leaders need to lead at this moment.”
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