First, Donald Trump and right-wing extremists attacked government trainings on racism and sexism. Then the far right tried to censor classroom instruction on racism and sexism. Next, they banned books about BIPOC and LGBTQ lives. Today, the extreme right’s latest attack is aimed at dismantling diversity, equity and inclusion (DEI) programs.

In 2023, the far right introduced at least 65 bills to limit DEI in higher education in 25 states and the U.S. Congress. Eight bills became law. If this assault on our constitutional rights feels familiar, that’s because it is. It was last seen in 2020 when Trump-aligned politicians fought to pass unconstitutional laws aimed at censoring student and faculty speech about race, racism, sex and sexism. The ACLU challenged these laws in three states, but today, anti-DEI efforts are the new frontier in the fight to end the erasure of marginalized communities.

DEI programs recruit and retain BIPOC, LGBTQ+, and other underrepresented faculty and students to repair decades of discriminatory policies and practices that excluded them from higher education. The far right, however, claims that DEI programs universally promote undeserving people who only advance because they check a box. Anti-DEI activists like Christopher Rufo consistently frame their attack as a strike against “identity politics,” and have weaponized the term “DEI” to reference any ideas and policies they disagree with, especially those that address systemic racism or sexism.

This attack on DEI is part of a larger backlash against racial justice efforts that ignited after the 2020 killings of George Floyd, Ahmaud Arbery and Breonna Taylor. At the time, workplaces, schools, and other institutions announced plans to expand DEI efforts and to incorporate anti-racism principles in their communities. In response, far-right activists, led by Rufo and supported by right-wing think tanks such as The Manhattan Institute, The Claremont Institute, and The Heritage Foundation, went on the offensive.

Leveraging Fox News and other mainstream media outlets, Rufo and his supporters sought to manufacture hysteria around the inclusion of critical race theory in schools and workplaces. After a 2020 appearance on Fox News where Rufo misrepresented the nature of federal trainings on oppression, white privilege, and intersectionality as indoctrination of critical race theory in our public spaces, Rufo convinced former President Trump to end federal DEI training. Rufo’s goal was to limit discourse, instruction, and research that refuted the false assertion that racism is not real in America – and he succeeded. Just three weeks later, Trump issued Executive Order 13950, which banned federal trainings on systemic racism and sexism. This Executive Order served as the template for most of the educational gag orders, or bills introduced to limit instruction on systemic sexism and racism in 40 states, 20 of which are now law.

The ACLU has consistently opposed efforts to censor classroom instruction on racism and sexism, including in Florida where some of the most egregious attacks on DEI, critical race theory and inclusive education have been mounted. Following the far right’s “anti-wokeism” playbook, in April 2022, Florida Governor Ron Desantis signed the Stop W.O.K.E. Act, which seeks to ban training or instruction on systemic racism and sexism in workplaces, K-12 schools, and higher education. The ACLU, the ACLU of Florida and our co-counsel challenged the law, claiming it violates the First and Fourteenth Amendments by imposing viewpoint-based restrictions on instructors and students in higher education, and fails to state explicitly and definitely what conduct is punishable. A federal judge has blocked it from being enforced in public universities across the state.

Lessons Learned from Our Classroom Censorship Win Against Florida’s Stop W.O.K.E. Act

Here’s what the judge’s order could mean for challenges to censorship efforts nationwide.

Source: American Civil Liberties Union

Instead of ceasing to censor free speech, the far right pivoted to target DEI programs. For example, Florida passed Senate Bill 266 in April 2023. This law would expand the Stop W.O.K.E. Act’s prohibition on training and instruction on racism and sexism, seeking to eliminate DEI programs and heavily restrict certain college majors related to DEI. Just last month, the Florida State Board of Education moved forward with regulations to limit the use of public funds for DEI efforts in Florida’s 28 state colleges. The State Board also replaced the Principles of Sociology course, which was previously required, with an American History course to avoid “radical woke ideologies.”

Led by the same far-right leaders, including Rufo and various think-tanks, these anti-DEI efforts utilize the same methods as the attack on critical race theory. They represent yet another attempt to re-whitewash America’s history of racial subjugation, and to reverse efforts to pursue racial justice—or any progress at all. Anti-DEI rhetoric has been used to invalidate immunological research supporting the COVID-19 vaccine, conclusions by economists on mass migration, and even the January 6 insurrection. But these false claims are not what DEI is about. By definition equity means levelling the playing field so qualified people from underrepresented backgrounds have a fair chance to succeed. We cannot let a loud fringe movement convince us otherwise.

In its attacks on DEI, the far right undermines not only racial justice efforts, but also violates our right to free speech and free association. Today, the ACLU is determined to push back on anti-DEI efforts just as we fought efforts to censor instruction on systemic racism and sexism from schools.

I am one of the many people ensnared in the Albuquerque Police Department’s (APD) DWI Unit’s extortion scandal. I’m sharing my story because what happened to me could happen to you or someone you love, and I never want it to happen to anyone ever again.  

Before I was falsely charged for drinking and driving last summer, I was rebuilding my life and running a janitorial business with my aunt. I had moved back to Albuquerque from Los Angeles a few years before when my career as a professional dancer ended because of a knee injury. My mom and I were getting closer to my aunt and her 16-year-old daughter and living with them to save money for a place of our own.  

But that all ended one Albuquerque evening in late June.  

My cousin and I had been out for an evening of pizza downtown. On the way home, I followed the time-honored Albuquerque tradition of revving my engine in the tunnel under the train tracks. As I pulled out of the tunnel, an unmarked police SUV started flashing its lights at me. I immediately pulled over.  

It was the beginning of a nightmare that I’m still living through. 

The police officer, Joshua Montaño told me I was speeding and that my eyes were red. He asked me if I had been drinking. I said no. He kept complimenting my ‘17 Mustang GT and was friendly like he was trying to be my friend. I thought this was very strange. Now I know that I fit the profile this officer and the others involved in this corruption scheme were looking for and that he might have been trying to get me comfortable so I would accept “help” from him later. 

I couldn’t believe it. I’ve never been in a situation like this.

I’m pretty sure we both knew I wasn’t drunk, but he made me get out of the car, and in front of my teenage cousin and all the traffic going by, he gave me two sobriety tests: an eye test and a counting test. I was nervous and humiliated, but I passed both. He then asked me to do a test that required standing on one leg. I politely told him that I had a knee injury that would make it hard to pass, but I didn’t refuse. I followed his directions, walking back and forth on a line successfully but wobbled when I stood on my bad leg. He said because I had a minor in the car, he had to take me into the station for a breathalyzer test. 

I couldn’t believe it. I’ve never been in a situation like this. I don’t get in trouble. Still, even though I felt like something was off, I was sure once I blew, he would let me go. I was wrong. 

I was concerned about leaving my young cousin alone on the side of the road. He promised to take good care of her (which turns out he did not, and she was picked up by her minor boyfriend). He handcuffed me, put me in the backseat of the police car, and took me to the station. All the way there, he continued to cheerfully chat me up and assured me that if I passed the test, I could go home. 

Once there, officers took my Apple watch and my jewelry, including a gold bracelet that I always wear because it has sentimental value to me. Other officers were looking at me like they were feeling bad for me, but none of them helped me. I wondered if it was because I'm Black or because I'm gay. Now, I think it was because I was another person they could try to extort. I could not believe that the people who were supposed to protect me were abusing their power to hurt me.  

I took the breathalyzer twice and was below the legal limit. I was sure that now I would be able to go home but that’s not what happened. He charged me with a DWI. I felt like the ground was crumbling below my feet. I was terrified and confused. I still had my phone, and I wanted to call 911 for help but realized I was already with the very people I would call. It didn’t feel real. It was too much like a horror movie to be real. With his lapel camera removed, Officer Montaño told me he had an attorney friend who could make this all go away. Alarm bells were going off in my head. This was not right.  

I could not believe that the people who were supposed to protect me were abusing their power to hurt me.  

I called my family, but we are trained to trust and believe the police, and I spent the night in a freezing jail cell.  

When I was released from jail the next morning, they gave me everything back except my bracelet. Officer Montaño left me a voicemail saying the attorney had it. I soon got a call from a paralegal, Rick Mendez, from the law office of Tom Clear, whose number Officer Montaño had given me. It was clear that this was a setup, but I wanted my bracelet back, so I agreed to meet him at the law office.  

My mother was afraid something bad would happen to me and begged me not to go. That’s one of the reasons I decided to record our meeting. 

In the meeting, with my phone, I recorded the paralegal “guaranteeing” to me that this whole thing would disappear from my record if I paid him $8,500. I didn’t take him up on the offer for two reasons: I hadn't been driving drunk, and I didn’t have the money. He gave me my bracelet back in shrink-wrapped plastic and his business card.  

Eventually, I found out the FBI was investigating this organized APD corruption ring, and my case was dismissed. 

During these seven months, my life was taken away from me.

I wish I could say this all happened fast, but it didn’t. My case wasn’t dismissed until a few weeks ago in mid-January. During these seven months, my life was taken away from me. My aunt refused to believe that I was not drunk that evening. It was clear my mom and I could no longer live with her and that I could no longer work with her. To this day, there is a rift between our families. I couldn’t drive anymore, because a judge had ordered an Interlock on my car, which stops you from starting your engine while under the influence, but I couldn’t afford one so working regularly was impossible. Worse still, so I could survive, my mother lent me the money we had worked hard to save to buy a house. We lost our dream of being homeowners and the financial security that comes with it.  

I spent Christmas alone for the first time ever.  

I became so depressed that there were some days I could barely get out of bed. I still cannot drive at night. Every time I see a police officer, I feel my anxiety rise. I do not feel safe. I want to get that back, but I don’t know if I ever will. It is truly shocking that so many APD officers were extorting drivers for years and years. It felt like a movie, but this is my life. 

Through a mutual friend, I found my way to the ACLU. They are going to represent me in a lawsuit against the APD and the City of Albuquerque. I want the police and attorneys who abused their power to be held accountable and for justice to be served. No one should ever have to worry about the police trying to extort money from them and ruin their lives. I hope my story encourages others to come forward and to avoid this ever happening to anyone ever again. 

WHEW. The 2024 legislative session is in the books with historic wins, a few losses, and some fertile terrain for change. There were long days, late nights, moments of sheer panic, and (thankfully) a lot of bright spots that give me hope for the future of our wonderful state. 

As anyone who has taken part in a 30-day session will tell you, a month’s time is a very short period to get bills across the finish line. Not only are the month-long sessions (which take place every other year) short, they are also focused narrowly on budgetary issues and those issues the governor chooses to put on her call. We work within those limits to advance bills that will make our state a more just, free, and safe place to live and raise families, and to fight back against bills that harm our communities.

We are deeply opposed to bills that we know will only tear families apart and further entrench our communities in cycles of addiction, poverty, and violence. 

Heading into session, Gov. Lujan Grisham made it clear that her priorities would be focused on public safety, both by “giving a message” to bills that invest in preventative measures and by pushing for “tough on crime” bills. We are in full support of investing in solutions that prevent crime. But we are deeply opposed to bills that we know will only tear families apart and further entrench our communities in cycles of addiction, poverty, and violence. 

Candidly, we are all a bit exhausted from fighting the same, failed punitive policies year after year that collectively amount to a massive waste of taxpayer dollars and are a dead end to public safety. But until lawmakers stop introducing these bills, we’ll be there to fight them. 

So, we jumped in full steam ahead, kicking off the session with a joint press conference with partners working on the front lines of these issues. We called on lawmakers to continue their investments in tackling the root causes of crime and to resist passing punitive policies. We carried that momentum forward throughout the session, testifying in committee meetings, meeting with legislators, and speaking to reporters about the harmful effects of stiffer penalties. We also rallied inside the Roundhouse with community partners and the people who have felt the impact of these bills firsthand during End Mass Incarceration Day of Action and Youth Action Day.

I am encouraged by the number of people who showed up at the Roundhouse to make their voices heard — and by the legislators who listened. Lawmakers ultimately voted against two unconstitutional bills that would have made it easier for prosecutors to hold people accused of certain crimes in jail pre-trial, proposals that would have added new crimes to the criminal code, and legislation that would have further criminalized homeless people and those who choose to help them.

These are the kinds of investments that tackle the root causes of crime and will actually advance community safety.

At the same time that lawmakers rejected failed policy solutions, they also voted to pass a historic budget that prioritizes the single greatest one-time investment our state has ever made in housing, along with enormous investments in behavioral health, education, job creation, and skills development for our workforce. These are the kinds of investments that tackle the root causes of crime and will actually advance community safety.

We and our partners also advocated for a bill to ensure incarcerated people have access to free menstrual products – a critical necessity for people who are often forced to use inadequate substitutes that expose them to health risks, including infertility, due to shortages. Those efforts paid off when lawmakers appropriated $250,000 for the distribution of menstrual products to incarcerated people for fiscal year 2025. Next year, we’ll work to ensure lawmakers pass legislation enshrining policy protections in the law.

In addition to these wins, we also encountered some setbacks and disappointments.  We pushed for bills that ultimately didn’t make it across the finish line, including legislation that would have ensured up to 12 weeks of paid leave for people in need of time off to care for their own health needs and the health of their families; limited law enforcement’s use of mass surveillance technology; and ended the complicity of New Mexico counties in the inhumane practice of detaining people who are seeking asylum.

Though these bills didn’t pass, we’re not giving up hope. We, along with our community allies and supporters like you, had fruitful conversations with lawmakers across the political spectrum on these bills and many others. We know from past experience that sometimes it takes multiple sessions to pass the bills we believe in. We are resilient – and you can rest assured that we’ll continue this hard work in the interim session and be back at the 60-day session in 2025 to continue advocating for a more just, fair, and equitable New Mexico.