By James Duff Lyall
Editor’s note: This commentary is by James Duff Lyall, executive director of the ACLU of Vermont.
The ACLU of Vermont has been defending the civil liberties of everyone who calls this state home for almost 60 years. Right now, many in our communities are understandably worried and afraid of the threat a second Trump administration poses to our rights and our democracy. It’s important to recognize that sowing fear is an explicit goal of the Trump administration — it is not accidental.
We also want to be clear that while the anxieties people are feeling are real, there is a path through the challenges we face.
As expected, within hours of taking office, Donald Trump followed through on his threats to undermine our constitutional rights and spread fear in our communities. It’s essential that we meet this moment together by drawing on the resilience, strength and power of community.
Already the ACLU is hearing from educators, local leaders, activists, friends and neighbors who want to know what they can do to support the people around them. Vermonters must remember it is that spirit of solidarity, compassion and mutual support that will see us through the challenges ahead.
Now, and in the months to come, there is a clear strategy for resisting ongoing attacks on our democratic values and laws.
First, in the face of this chaos, we can and will turn to the court system to uphold the rule of law. That is already happening. Multiple lawsuits have been filed to challenge some of Trump’s unconstitutional executive orders — including his unlawful attempt to ban birthright citizenship, to expand fast-track deportations and to cut off access to asylum. A federal judge has already declared the order on birthright citizenship “blatantly unconstitutional,” a label that we can expect to hear repeated.
While there is still tremendous uncertainty about how much of this will play out, legal challenges will block or slow many of the most extreme measures. In the present moment, it’s important to know that there are real limits to what executive orders can achieve, including the fact that they cannot and do not override the protections enshrined in the U.S. Constitution.
The ACLU and other organizations are tracking and analyzing the executive orders and any other federal actions, including those promoting sex discrimination and threatening equity and inclusion initiatives. There will be a lot more litigation, and all of that will take time.
Second, we must look to state-level protections, remembering that hard-won civil rights laws still remain on the books. At the same time, we also have to be clear-eyed about the threats: we now have a hostile federal government no longer defending our freedoms and liberties, but working to dismantle those protections piece by piece.
For all the progress we have made in recent years, we must do more to shore up our defenses. That is why the ACLU has been working with state legislators to create a “firewall for freedom” that further safeguards bodily autonomy and reproductive liberty, protects privacy, and makes Vermont a more just and equitable state. Trump’s first days in office serve as ample reminder that our elected representatives must urgently prioritize these initiatives.
Third, we need to recognize that court challenges and state policy reforms, though essential, are not by themselves sufficient. Now and for the long-term, we must come together, assert our Vermont values and rights, and protect our most vulnerable neighbors.
Part of that work requires access to good information. People should look to trusted messengers for the latest on the evolving legal and policy landscape — groups like ACLU, Planned Parenthood, Migrant Justice — and it is always a good time to know your rights. In particular, ACLU is encouraging everyone to understand their rights and the rights of their neighbors with respect to ICE and Border Patrol, and the ACLU has materials translated into many languages, as well as videos.
Part of that work — looking out for one another — may require people to report civil rights concerns, including racial profiling by federal, state or private actors. Depending on the nature of the incident, there are several groups and state agencies that collect that information, including the Vermont Attorney General’s office.
Finally, at a time when the Trump administration is trying to scare our communities into submission, it’s imperative that Vermont leaders push back against his bullying tactics and assert our values loudly and proudly.
Attorney General Charity Clark should be commended for challenging the birthright citizenship order and refuting the Trump administration’s baseless threats towards sanctuary jurisdictions.
But Vermonters also need to consistently hear from the governor, the General Assembly and other state leaders that attacks on our community members will not be tolerated. Vermonters need to know our leaders have our backs and will do everything in their power to defend the rights of all of us.
We are now on the defensive, protecting the basic rights and freedoms that are rightfully ours, and the road ahead will be long and difficult. And yet, in this moment of fear and confusion, we must remember that some things remain unchanged: our existing constitutional and state civil rights protections; the importance of quality, reliable information; and the need for strong state leadership and community-based solidarity.
Most importantly and also unchanged is our commitment to the Vermont values of “Freedom and Unity,” and to the rights and dignity of all of our neighbors.
