Speaking Out Against Abuse of Power

The news has been filled with headline after headline on the efforts from the Trump Administration to use executive orders and unauthorized actions to interrupt and dismantle the basic structures and operations of our federal government.

Checks and Balances

We do not have kings in the United States. Our constitutional system rests on the principle that no one person – including the President – has unchecked power without guardrails. The Trump Administration is trying to consolidate all power in the Executive branch and remove the checks on their actions.

• Our constitutional system relies on checks and balances on each branch of government, assuring that no branch can hold too much power. Placing power in the hands of one person threatens our entire system of government and the rights of each of us.
• Our Constitution grants the power of the purse – the ability to allocate federal government spending – to Congress. Yet the Administration is refusing to spend money that Congress has lawfully appropriated and is dismantling departments and agencies that Congress has authorized.
• Administration officials regularly claim that Presidential orders and decisions cannot be questioned – by Congress, the courts, or state governments. This is not how our system has worked for nearly 250 years.    
• Courts have the power to declare laws or policy pronouncements from the President unconstitutional and block their enforcement. The Administration has suggested impeaching judges who rule in ways adverse to the Administration. This would demolish accountability.
• Judges have suggested that Administration officials may be in contempt of court for refusing to follow court orders.”

Due Process

Due process and our court system prohibit the powerful and well-connected from simply ignoring the rights and protections allowed of those who are more vulnerable.  Yet the Trump Administration repeatedly suggests they can deny due process – especially to immigrants – in order to advance Trump’s policy aims. 

• Due process is the fundamental principle of fairness in our legal system, ensuring that individuals are treated fairly and that the government cannot punish them or seize their property without the opportunity to challenge the action.
• Due process is critical to the rule of law which protects us all – if government must adhere to the rule of law and follow due process then we all are protected and the power of government cannot be used to protect only those who are favored.
• If we lose the right to due process people in power can use the government’s resources to go after people they don’t agree with.
• The U.S. Constitution and legal precedent are clear that the right to due process and basic rights are extended to everyone in this country, not just people with citizenship. 

Free Speech

The ability to speak freely and critique the government and government policies is a constitutional right under the First Amendment. People should not be punished for speaking out against policies that the Trump Administration, or government at any level, favors. 

• The right to freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government are all enshrined in the First Amendment of our Constitution.
• Freedom of speech is essential to protect dissent, and to ensure a healthy democracy.
• The Administration is threatening removal of already-allocated federal funding to try to control the speech and policies at public and private universities alike, including their commitment to DEI and other anti-discrimination principles.
• The protections of the First Amendment extend to everyone in this country, not just U.S. citizens. The Administration is suggesting that international students do not have free speech rights and can lose their ability to study in the United States for speaking out. 
• The Administration is searching social media accounts and materials on phones seized at airports and points of entry in order to dig up excuses to deny people citizenship or entry to the U.S. 
• The Administration has sued several media companies, and restricted certain journalists’ access, to punish them for press coverage critical of the Administration.

Immigration

Immigrants have strengthened this country throughout our history. From attempting to remove birthright citizenship, to revoking visas based on speech, to mass deportation policies, the Trump Administration is trying to rewrite who belongs in this country.    

• Data and research repeatedly demonstrate that immigrants and newcomers add immensely to the economic viability of a community and that immigrants are less likely to become involved in criminal activity than U.S. citizens.
• Reckless and cruel deportation policies separate families, particularly since most immigrants live in mixed-status families – with family members who are citizens, legal permanent residents, and undocumented. Deporting one family member disrupts the entire family. 
• The Administration argues that immigrants do not deserve – or that we cannot afford to give every immigrant – due process.  Due process does not just extend to citizens, but to everyone in this country.   

• The Administration is trying to remove the right to citizenship for anyone born in this country, which violates the 14th Amendment and goes against more than 100 years of Supreme Court precedent.

• Many lawful immigrants – including green card and visa holders – are having their status revoked because they have expressed views counter to Administration policy.
• The Administration is using the Alien Enemies Act to deport people without due process, including designating people as gang members and giving them no chance to prove that they are not. The Alien Enemies Act of 1798 had previously only been used during wartime..
• The Administration is paying for the government of El Salvador to detain deportees who have not been afforded due process and claiming that they cannot return them -- even if they were deported by mistake.

Make Your Voice Heard

• Have Conversations: Use the information on this page to engage in conversations with your friends, family, and community.
• Protest: Plan or attend a protest on these important topics. When at a protest make sure you have our printable know your rights card with you, and bring one of our protest signs with you or make your own.
• Attend Public Townhalls and Community Meetings: Show up to make sure your elected officials know the values of your community. Prepare your own remarks or questions, or stand in solidarity with those who do.
• Be a Voice in Your Community: Put up signs in your local coffee shop, start a community group, hold an event, or write a letter to the editor in your local paper. For more ideas on how to activate your community, join our Community Activator Program.
• Take Action: Find federal and state actions that you can take in our action centers, sign up to receive our action alerts, and follow us on social media for urgent updates (Facebook | Instagram | Threads | X Twitter).
• Support the Organizations in this Fight: We will all need the resources to continue to fight. You can make a donation in support of the ACLU-IL, or find other ways to be involved. And, we encourage you to research local organizations in your area.