The ACLU will be there to defend our rights—no matter what. While this moment may feel bleak, the ultimate power in our democracy lies with the people, not with any single elected official. For over a year, ACLU-DE and our national network of affiliates have planned for what we will do to protect civil liberties if Donald Trump was elected for a second term, and we are ready to act. We have already met with elected officials in Delaware to enact protections ensuring residents are shielded from whatever the Trump administration might bring.
At the same time, we know this is a frightening moment. We have faced the reality of a Trump presidency before, and we know what is possible. It is horrific to consider what may happen to those who President-elect Trump has pledged to target—immigrants, people seeking reproductive healthcare, transgender people, Black and brown communities, and people expressing their First Amendment rights. We take our responsibility seriously, and the ACLU will be in the courts, the legislatures, the media, and the streets advocating for our most basic rights and liberties.
Delaware officials can take concrete steps now to protect our civil liberties from a draconian Trump administration. Here is how Delaware can be a Firewall for Freedom:
- Refuse to cooperate. The Governor and Attorney General can refuse to cooperate if the Trump administration engages in massive anti-civil liberties actions such as information requests on people accessing reproductive or gender affirming healthcare, crackdowns on public protest, indiscriminate immigration raids, and more.
- Guarantee equal access to education. The Attorney General can clarify that Delaware law protects vulnerable students, such as families of immigrants, LGBTQ+ people, pregnant students, and more who all may be targets of the Trump administration.
- Ensure access to reproductive healthcare. Delaware can follow the lead of other states that have created a Reproductive Equity Fund to ensure that providers, abortion funds, patients, and others have reliable and stable funding to continue to provide reproductive healthcare.
- Protect immigrant communities. Delaware officials can refuse to cooperate with dragnet immigration raids that the Trump administration may begin. In addition, the Attorney General can release guidance to prosecutors to ensure they are aware of the consequences of minor criminal convictions on a person’s immigration status, and coordinate relief to families that may be targeted by mass raids.
- Dissent is patriotic. Over the next days, weeks, months, and years, many people may engage in protected First Amendment dissent, but could find themselves targeted by a retributive Trump administration. Local officials can issue guidance reaffirming protections for our right to speak and express ourselves, free from government interference.
These are only a few of the immediate actions we have recommended to local officials. We stand ready to work together to ensure the rights of all Delawareans are protected.
There is reason to have hope. Throughout the 2024 elections, the ACLU of Delaware educated voters on the positions of candidates on critical civil liberties issues, including voting rights, reproductive rights, criminal legal reform, education equity, and immigrants’ rights. New legislators were elected to the General Assembly up and down the state and will hopefully bring with them a renewed energy and commitment to pass significant laws to expand and defend civil liberties.
In 2025, our legislative priorities include:
- Voting Rights: Passage of a constitutional amendment to modernize our voting rights laws to allow no-excuse absentee balloting, same day voter registration, protect early in-person voting, end lifetime felony disenfranchisement, and allow people on probation and parole to vote while living and working in their communities.
- Justice Reform: Delivering systemic probation reform that will ensure people are not sent back to prison for minor technical violations and are given the support they need to be successful while on probation.
- Clean Slate: Allow people who cannot afford to pay past fines or fees to have their record cleared, so they may obtain jobs, housing, and education without their criminal record as a barrier.
- Education Equity: Narrow the $600 million funding shortfall for public schools in Delaware by advocating for increased funding for pre-K and programs that support children with disabilities and English language learners.
Each of these legislative campaigns will be fueled by people power. Our Every Vote Counts campaign will hire an organizer in early 2025 to ensure that Delawareans are engaged in the movement for expanded voting rights. Our Campaign for Smart Justice, Clean Slate Delaware coalition, and Education Equity Ambassadors, our on the ground partners, are people with lived experience and are closest to the problem and solutions. At the ACLU of Delaware, we are committed to ensuring that our work includes those who have the most at stake.
Our work also continues in the courts, with active litigation challenging inhumane conditions in our state prisons, the criminalization of poverty, unconstitutional police practices and secrecy, and religious discrimination against Muslim Americans. Through our commitment to integrated advocacy, we are making significant strides toward justice and equity by advocating in the courts, legislature, and in the hearts and minds of the public.
The work of the ACLU of Delaware is more important than ever. Join me in supporting our transformative work by making a gift today.
With gratitude,
Mike Brickner
Executive Director
We want to hear from you and know how you’re feeling after the election.
Your thoughts, feelings, and experiences matter to us, and checking in can help us understand how we can best support our community.
Whether you're feeling hopeful, frustrated, or somewhere in between, please take a moment to share with us. Your insights will help us continue the fight for civil liberties for all Delawareans. We've got your back.