The American Civil Liberties Union is battling on more fronts than ever before, waging legal war against a White House that increasingly governs by executive order and public intimidation. As President Trump escalates his second-term agenda—targeting immigrants, transgender people, student activists, artists, and universities, it has become clear that the strongest institutional resistance is not coming from the Democratic Party. It’s coming from the ACLU.
In March alone, the ACLU filed more than 35 lawsuits challenging various aspects of the administration’s policies. What began with a controversial revival of the 1798 Alien Enemies Act to deport Venezuelan asylum seekers has since widened into a sweeping campaign that touches nearly every corner of civil liberties law. The Democratic response? Statements. Retweets. Op-eds. Occasionally, a resolution that goes nowhere.
When Trump used the Alien Enemies Act to deport over 250 Venezuelans, many of whom were seeking asylum, a federal court issued a restraining order. The deportations continued anyway. The ACLU and Democracy Forward brought the issue before the Supreme Court, which has since paused further deportations. But more than 130 people had already been removed by then. Congress could have intervened. Democrats could have proposed legislation to limit the use of the Act. They didn’t.
Then there’s the case of Mahmoud Khalil, a Palestinian permanent resident and Columbia student detained by ICE after leading a peaceful pro-Palestinian protest. A Louisiana judge approved his deportation, citing national security, despite the absence of any evidence of criminal behavior. The ACLU is suing for unconstitutional political retaliation. A federal judge in New Jersey ruled the case can proceed. Democrats have said nothing.
On the issue of transgender rights, the administration’s new Bureau of Prisons policy bans gender-affirming care. The ACLU responded with a class-action suit, Kingdom v. Trump, arguing it violates both the Eighth and Fifth Amendments. Plaintiffs report being denied basic medical treatment. The Democratic Party has offered solidarity tweets but no coordinated action.
Art and speech have not been spared. The ACLU is suing the National Endowment for the Arts over a rule that strips funding from projects promoting “gender ideology.” Artists and nonprofits have seen grants revoked. A judge acknowledged the likely unconstitutionality of the order, but declined to intervene. It is another front where Democrats have neither rallied nor led.
Campus freedom is under siege. Trump has renewed threats to defund universities accused of “anti-Americanism.” State legislatures are advancing bills to vet student groups and faculty based on ideology. The ACLU is defending academic freedom. University faculties are organizing. Democrats, who once styled themselves as defenders of the academy, remain mostly silent.
This isn’t a case of political caution. It’s abdication. The party that campaigned on restoring norms and defending democracy now hesitates to name the crisis unfolding in real time. Meanwhile, the ACLU files motions, drafts briefs, and demands accountability. The courtroom has become the last refuge for the Constitution.
If these cases shape the future of American civil liberties, they will do so not because Democrats made a stand, but because one legal nonprofit did the job no one else would.
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