ACLU Warns of Potential Civil Rights Rollbacks Under Second Trump Administration

In July 2024, the American Civil Liberties Union (ACLU) released a memorandum titled "Trump on DEI and Anti-Discrimination Law: Rolling Back the Clock on Racial Justice and Equality," forecasting potential policies that could be implemented in a second Trump administration. The memo anticipated actions such as censoring academic discussions on race and gender, rolling back civil rights protections, and intensifying attacks on equal opportunity initiatives. It also outlined a comprehensive strategy involving litigation, legislative advocacy, and collaboration with state and local governments to defend diversity, equity, and inclusion (DEI) efforts and uphold civil rights.

On January 20, 2025, President Donald Trump signed Executive Order 14151, titled "Ending Radical and Wasteful Government DEI Programs and Preferencing." This order mandated the termination of all federal DEI activities, leading to the dissolution of DEI-related positions and programs across federal agencies. The following day, he issued Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," which revoked previous executive orders promoting affirmative action and required federal contractors to certify non-promotion of DEI programs.

In response to these executive actions, federal employees filed a class-action complaint alleging that the administration's actions violated their First Amendment rights by targeting employees associated with DEI activities. The lawsuit argues that the government retaliated against employees perceived as advocating for marginalized groups, resulting in discriminatory and politically motivated terminations. The plaintiffs claim these firings were not about eliminating positions but targeting individuals based on perceived political or social stances.

A federal judge in Baltimore issued a preliminary injunction blocking key elements of President Trump's executive orders aimed at terminating federal support for DEI programs, citing potential violations of constitutional free speech protections. However, the Fourth Circuit Court of Appeals later issued a stay of the preliminary injunction, allowing the administration to enforce the executive orders while legal proceedings continue.

Federal agencies began dismantling DEI-related programs, removing DEI content from websites, and terminating DEI training contracts. The State Department disbanded its Office of Diversity and Inclusion and prohibited U.S. embassies from displaying non-American flags, such as LGBTQ+ pride flags. The Education Department removed guidance materials, canceled $2.6 million in DEI training contracts, and dissolved bodies like the Diversity & Inclusion Council and rescinded its Equity Action Plan.

The National Urban League declared a "state of emergency" for civil rights, criticizing the administration's actions as dismantling key federal agencies vital to civil rights enforcement. The organization, along with other civil rights groups, filed a lawsuit challenging the executive orders, arguing that they infringe upon their rights to free speech and due process.

The ACLU's memo and the subsequent actions by the Trump administration have significant social and societal implications. Censoring discussions on race and gender could limit students' exposure to diverse perspectives, potentially hindering critical thinking and understanding of systemic issues. Rolling back DEI initiatives may affect workplace diversity, potentially leading to less inclusive environments and impacting employee morale and productivity. Reducing enforcement of civil rights laws could leave historically marginalized groups more vulnerable to discrimination and inequality.

The ACLU's 2024 memo served as a forewarning of the challenges now unfolding. As legal battles continue and societal debates intensify, the future of DEI initiatives and civil rights protections in the United States remains uncertain, underscoring the ongoing struggle for equality and justice.