Cecillia Wang, National Legal Director, ACLU

Just 100 days into President Donald Trump’s second term, the ACLU has filed 53 cases against his administration. We sought emergency relief in 38 of these cases, winning at least some form of preliminary or temporary order in 27 cases. To our clients, these are not just numbers. Our work with them, and on their behalf, has made a real difference in their lives.

Courts Are Checking Unlawful Executive Action

From the start, litigation has been a tool of first resort in protecting people’s rights and freedom. On Inauguration Day, we filed our first case of the second Trump term, challenging his effort to dismantle the Fourteenth Amendment’s guarantee of birthright citizenship. We won a preliminary injunction before the unconstitutional order’s effective date.

We have also won multiple orders blocking Trump’s extraordinary invocation of the 1798 Alien Enemies Act, which gives presidents certain powers during wartime, to deport Venezuelan nationals to a gulag in El Salvador without due process. We’ve won preliminary relief from six federal district courts — in Washington, D.C., Texas, New York, Colorado, Pennsylvania, and Nevada — blocking deportations under the Alien Enemies Act, and have scored two victories on the Supreme Court’s emergency docket. First, on April 7, the Supreme Court ordered that individuals subjected to deportation under the Alien Enemies Act must be given notice and an opportunity to contest their designation in court. Then, at 12:45 a.m. on April 19, the court granted our emergency motion to temporarily block all deportations under the Alien Enemies Act from the Northern District of Texas pending further order of the court. We also won a preliminary injunction blocking Trump’s termination of Temporary Protected Status (TPS) for Venezuelans, affecting 600,000 people currently residing lawfully in the United States.

In four separate cases, we have protected four immigrants targeted for detention and deportation solely because of their First Amendment-protected speech. Mahmoud Khalil, a recent Columbia University graduate, was detained after leading peaceful protests in support of Palestinian human rights. Rümeysa Öztürk, a Tufts University doctoral student, was targeted for co-authoring an op-ed that criticized the university’s rejection of various student government resolutions concerning Israel’s military campaign in Gaza. Dr. Badar Khan Suri, a Georgetown University professor, was arrested due to his scholarship and advocacy on the Middle East, as well as his U.S.-citizen wife’s family ties to Gaza. And Mohsen Mahdawi, a Columbia University student and longtime lawful permanent resident, was arrested at his naturalization interview, also in retaliation for his advocacy for Palestinian rights. In all four cases, we won orders blocking the Trump administration from deporting our clients while litigation continues.

A demonstrator holding a sign from the ACLU of New York.

Credit: Scout Tufankjian

We have also filed ten cases challenging the Trump administration’s broader attacks on international students. The U.S. State Department terminated the electronic student visa records of hundreds of students at campuses around the country, without any due process. In the absence of any official reasons, Secretary of State Marco Rubio stated in a media interview that he revokes student visas “every day, every time I find one of these lunatics,” referring to his searches through students’ social media accounts for expressions of sympathy for Palestinians. But many of the affected students have never engaged in any form of protest, and there is no discernible reason for the termination of their records or visas. We have obtained preliminary relief in six of our ten pending cases so far. And on April 25, the government announced that it would undo the mass terminations and restore the affected records.

We have also scored significant victories in challenges to Trump’s heinous executive orders targeting transgender Americans: We blocked Trump’s attempt to enforce a nationwide ban on essential health care for transgender people under the age of 19, as well as his executive order requiring passports to indicate the holder’s sex assigned at birth rather than their actual gender identity.

And when Trump has tried to roll back on the hard-won gains of the Civil Rights Movement, we’ve blocked him there, too. We secured a preliminary injunction against his executive order requiring documentary proof of citizenship for voter registration, which usurped Congress’ constitutionally assigned role. We blocked the U.S. Department of Education’s “Dear Colleague” letter, which threatened to defund educational institutions over programming on forbidden topics such as diversity, equity, and inclusion (DEI), and subsequent guidance that would have required states, under threat of legal penalties, to certify that their schools weren’t teaching or supporting DEI programs.

Win or Lose, the Arc Bends Towards Justice

Despite these proofs of concept for the value of litigation, we must acknowledge the serious risk that the Trump administration may, in some cases, simply ignore its defeats in the courts and carry on with its unlawful actions. Although Trump has yet to openly defy a court order, he has already come dangerously close.

In our initial challenge against his use of the Alien Enemies Act, J.G.G. v. Trump, the Trump administration failed to follow the district court’s order that any planes in the air should turn around pursuant to its temporary restraining order. And in the case of Kilmar Abrego Garcia (not an ACLU case), a Maryland man who was deported to a notorious Salvadoran prison, CECOT, despite having an order of humanitarian protection from a U.S. immigration court prohibiting his deportation to El Salvador, the Trump administration has failed to bring him back even after the Supreme Court ordered it to facilitate his return. In these cases, U.S. Justice Department lawyers are still raising legal arguments in the courts, claiming essentially that the courts have exceeded their powers and that the executive branch no longer has custody of Mr. Abrego Garcia. But those lawyers’ words ring hollow when, at the same time, President Trump meets with El Salvador’s President Nayib Bukele in the White House and Bukele declares he cannot send Mr. Abrego Garcia home against the wishes of the U.S. government, while Trump nods in agreement.

The fate of the Alien Enemies Act in the U.S. courts is far from settled. The ACLU alone has seven pending cases in various district courts, and issues in two of those cases have already reached the Supreme Court's emergency docket. These recently filed cases have cast a spotlight on the president’s repeated lawlessness, drawing attention of both Congress and the American public to the men, over 200 by now, who have been deported by the U.S. government to the Salvadoran gulag. President Trump wants to disappear these men into a legal black hole of his own creation. And in that sense, we and other advocates have already achieved one goal merely by filing lawsuits, because the men have become and remained visible for the world to see, even as our litigation fight continues.

In any litigation, regardless of the outcomes in court, we understand that lawsuits are almost always just one part of a broader strategy to achieve our long-term goals of restoring individual rights and liberties — the essential foundations of U.S. democracy. Win or lose, it matters when we stand up in court to fight for freedom, due process, and the basic notion that the president is not above the law. The ACLU has done so in many of the shameful chapters of American history, when the government has abused its power and trampled on individual liberty — including our fights against the first Trump administration’s Muslim ban and family separation policies, the U.S. military’s illegal and unconscionable use of torture after 9/11, the internment of Americans of Japanese descent during World War II, and the targeting of immigrants for deportation raids based on their political ideology in the 1920s.

"Win or lose, it matters when we stand up in court to fight for freedom, due process, and the basic notion that the president is not above the law."

History will be the judge of times like these. For now, the ACLU will continue to bring lawsuits to the courts, and to focus the eyes of Congress, the press, and the American people on the illegal actions of the president. Our impact does not stop at the courthouse steps. Every legal battle becomes a spark for broader organizing, strengthens our shared sense of solidarity, and mobilizes people across the country to come together against government overreach. Together, in the courts, in our communities, and in the streets, we will keep fighting to realize the promise of a free and democratic nation—one where the rule of law protects everyone, and no one is above the law.

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Wednesday, April 30, 2025 - 11:00am

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With 53 lawsuits filed against the Trump administration and counting, we will not surrender our freedoms to a lawless executive branch.

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Nahal Zamani, she/her, Director, State Campaigns, NPAD

State and local officials play direct and crucial roles in shaping and safeguarding our civil rights and civil liberties, especially amid the Trump administration’s ongoing attacks. These offices and officials – governors, state legislatures, attorneys general, and mayors – influence countless parts of our daily lives but, most importantly, their decisions can determine voter access, life-saving healthcare, gender-affirming care, and other vital rights the Trump administration has threatened.

Below, we break down the offices and officials who can – and must – uphold our rights.

How Can Governors Combat Trump?

Governors sign bills into law, determine law enforcement priorities, and develop state budgets, all of which directly impact our civil rights. For example, they can enact laws that either protect or ban abortion, and advance or hinder voting rights. Governors also wield influence over the criminal justice system. They supervise state law enforcement agencies, appoint corrections officials, and can advocate for policies to reduce mass incarceration, address racial disparities in our justice system, and keep communities safe.

As part of the ACLU’s Firewall for Freedom campaign, we are asking governors to direct state agencies not to voluntarily share private information or otherwise collaborate with federal law enforcement seeking to violate civil rights and civil liberties. This doesn’t end with law enforcement — officials must safeguard student data, stop collecting information that could be weaponized against our communities, and enact policies to ensure students do not suffer discrimination and harassment at school.

What Role Do Attorneys General Play in Protecting Our Rights?

Attorneys general serve as the guardian for legal rights in the state, which covers all kinds of freedoms for millions of people. We’ve asked attorney generals to issue guidance addressing our firewall asks — but that’s just one step they can take.

As many states strengthen their anti-discrimination laws, attorneys general can proactively issue guidance affirming these protections against Trump administration threats. Their guidance can help protect undocumented communities, LGBTQ individuals, and protesters from politics that target them for discrimination or harassment. They can also challenge voter suppression laws in court and enforce protections for abortion providers. Already, a number of attorneys general have filed cases challenging Trump administration executive orders that roll back civil rights protections and threaten local resources that communities rely upon.

Why Are State Legislatures Critical to Our Rule of Law?

State legislatures write and pass laws that directly impact our freedoms. Most urgently, they must pass privacy laws to bar corporations and law enforcement from using unchecked data collection to track sensitive activities like seeking reproductive or gender-affirming care. Meaningful legislation — often called SHIELD laws — limit the data that companies can collect and share, reducing the risk of surveillance, discrimination, and exploitation of personal information.

State legislatures also must establish election laws that can make it easier for us to vote. Since Roe v. Wade was overturned, these legislatures have the power to protect abortion in their state. Their authority also extends to criminal justice reform in defining crime, response procedures, and sentencing. They must also limit cooperation with federal authorities’ immigration policy, and codify legal protections for LGBTQ individuals.

What Do State Treasurers and Others Do to Safeguard our Rights?

State Treasurers, comptrollers and controllers oversee the fiscal health of each state and hold authority over crucial financial decision making. They also do crucial work to keep legislatures informed about the true impact of federal decisions on resources to the state.

With federal funding under threat by the Trump administration — often coupled with disinformation about how state and local agencies are actually using those funds — state treasurers will play a crucial role to speak to the devastating impacts of rolling back funding authorized by Congress. These fiscal leaders will also play a truth telling role when faced with any sweeping mischaracterizations of the lifesaving and essential community programs that our federal money protects.

How Do Mayors Fight Trump Administration Abuses?

Similar to governors, mayors have direct authority over city policies, law enforcement, and social programs. They play a crucial role in reproductive rights by allocating funding to support clinics and protecting patients from government harassment. Mayors oversee local police departments, set public safety policies, and promote community-based policing reforms. Many mayors also shape immigration policies within their cities, able to enact sanctuary policies that limit cooperation with federal deportation efforts.

Why Are School Boards Vital to Students’ Rights?

School boards are instrumental in defining policies that impact students and parents’ civil rights . They promote civic education, sex education, and block efforts to ban books and censor teachers. When school boards implement restorative justice programs, they support criminal justice system reform and reduce punitive measures that disproportionately affect students of color. Additionally, school boards establish policies – such as anti-bullying protections and access to inclusive facilities — to support LGBTQ students.

Right now, the ACLU’s nationwide affiliates are asking their governors, attorneys general, mayors and other state and local officials to say no to Trump’s radical agenda. To support their work, the ACLU has a playbook primed to defend our fundamental freedoms, which includes comprehensive and necessary tools across reproductive rights, immigration, free speech, and more to uphold our rights in the states where we live.

Want to take action alongside your officials? Our volunteer teams help mobilize and organize communities all across the country in defense of our civil liberties by making calls, sending texts, or writing letters

Date

Tuesday, April 29, 2025 - 9:30am

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Governors, attorneys general, mayors, and other local officials are starting to vocally say no to President Donald Trump’s radical and dangerous agenda. Here’s why their roles are so crucial for our democracy and the state of civil liberties today.

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