ACLU Releases Legal, Legislative, and Advocacy Roadmap to Fight the Expansion of Mass Incarceration by a Second Trump Administration

NEW YORK – The American Civil Liberties Union released Trump on the Criminal Legal System today, as part of its 2024 “Freedom is on the Ballot” election policy memo series. The memo includes analysis of the likely policies on the criminal legal system that Americans can expect from a possible second Trump administration — along with a roadmap of concrete legal, legislative, and advocacy actions the ACLU would take in response to these policies should the former president win in November and implement them. The full memo can be found here.

“Trump has told us what he wants to do with a second term: fuel mass incarceration, encourage law enforcement to engage in unconstitutional policing practices, and expand the death penalty,” said Yasmin Cader, director of the ACLU’s Trone Center for Justice and Equality. “We know from this country’s history that these extreme and immoral policies harm communities and infringe upon on our rights and humanity. The ACLU is prepared to meet the Trump administration with the same fierce response as we did during his last term in office should he be reelected.”

Based on Trump’s own statements, advocates can expect a second Trump administration to further dehumanize people in our criminal legal system and reverse many reforms gained over the last two decades, including by:

• Fueling brutal and authoritarian policing by encouraging use of deadly force, supplying local law enforcement agencies with military equipment, and overturning federal checks on law enforcement abuse.
• Accelerating mass incarceration by directing federal prosecutors to seek the most serious charges and maximum sentences, pressuring local prosecutors to take a similarly draconian approach, and reincarcerating thousands of people on home confinement.
• Expanding the use of the death penalty by broadening the category of crimes punishable by death, sentencing more people to die, and killing every person on federal death row.

The ACLU’s roadmap released today outlines multiple routes for defending our constitutional rights against these attacks, including:

• Litigation: The ACLU will challenge unlawful attempts by a Trump administration to reincarcerate people on home confinement, fight against the return of torturous methods of execution, and defend the health, safety, and dignity of incarcerated people.
• Federal advocacy: The ACLU will advocate for Congress to constrain the funneling of military equipment to local police, fight for legislation to end sentencing disparities, and, under any administration, continue to push for the full implementation of the First Step Act.
• Mobilizing the states: The ACLU will work with states to reduce opportunities for violent encounters with police, including by advocating for state use of force standards and the de-prioritization of non-safety related traffic stops. We will continue our work exposing the racist roots of capital punishment and ending the death penalty, state by state.

“Trump threatens to drown out millions of voices across the country demanding transformative change to our criminal legal system and a new approach to achieving safe communities,” said Ellen Flenniken, deputy director of campaigns at the ACLU’s Justice Division. “But the ACLU will not let these voices be silenced. We will make clear to elected officials on the federal, state, and local levels that Trump’s extremist approach to the criminal legal system is ineffective, cruel, and against the will of the people — and we will resist at every level of government.”

From 2017-2021, the ACLU filed more than 430 legal actions against the Trump administration, including lawsuits aimed at defending the right to protest against police brutality, protecting the health and humanity of incarcerated people during the COVID-19 pandemic, and stopping mass surveillance by law enforcement. In Trump on the Criminal Legal System, the ACLU makes the case for why, if he’s elected, the policies Trump and his supporters are proposing on the campaign trail would be far more aggressive than the policies we saw during Trump’s presidency, threatening all of our civil rights and liberties and continuing to fuel our mass incarceration crisis. Additionally, the ACLU discusses why it’s imperative for elected officials in Congress and state and local governments, as well as civil society, to mobilize now to begin planning a sustained and coordinated response.

Trump on the Criminal Legal System marks the seventh and final memo in the series the ACLU is releasing on Trump’s anticipated policies. Previous memos have covered immigration, LGBTQ rights, abortion, DEI (diversity, equity, and inclusion), voting rights, and surveillance, protest, and free speech. Following its focus on policies of a potential second Trump administration, the ACLU will focus on those of a potential second Biden administration. All released memos will be available here.