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Jay Stanley or Mandy Simon (202) 675-2312; media@dcaclu.org
In anticipation of the presidential election, the American Civil Liberties Union today released a set of detailed recommendations on steps that the new president should take to "clean house," renew freedom, and restore the nation's reputation.
"This past administration has left us with a disastrous legacy of bad policy, abuse of power, and civil liberties violations," said Caroline Fredrickson, director of the Washington Legislative Office of the ACLU. "The next president, whoever he is, must immediately begin the process of undoing this far-reaching assault on our nation's freedoms and core values, and the ACLU's 'to do' list provides a detailed roadmap for achieving that."
The new ACLU document, entitled, "Actions For Restoring America," recommends actions to be taken by the next president on his first day in office, in his first 100 days, and in his first year. The ACLU's list consists of actions that the executive branch could take on its own.
On Day One, the next president should, by executive order, direct all agencies to prohibit the use of torture and abuse; direct the new Attorney General to appoint an outside special counsel to investigate, and, if warranted, prosecute any violations of federal criminal laws; close down Guantanamo and either charge and try detainees in criminal or traditional military courts or transfer them to countries where they won't be tortured; and end the practice of extraordinary rendition.
In his first 100 days, the president should take actions, as detailed in the ACLU document, to end illegal spying and surveillance, to protect Americans from privacy violations and discrimination, to end the federal death penalty, and to increase government transparency.
For the new president's first year, the ACLU proposes actions across a broad variety of areas that are needed to undo the Bush legacy.
"For starters, the next president should immediately put an end to torture, shut down Guantanamo and the military commissions and ban 'extraordinary rendition," said Fredrickson. "All of these practices are abominations - violations of our nation's dearest principles and a blot on America's good name. He must then proceed vigilantly to restore our other precious rights and values that have been trampled upon, including freedom from unchecked government surveillance, racial and gender equality, and government transparency."
"The actions we are calling for are steps that the next president can take easily - in many cases with the stroke of a pen - but which will carry great weight in restoring our nation's true place as a beacon of liberty, rights and justice in the eyes of others and ourselves," said Fredrickson. "Many things the next president will need to do will be hard. But these will be easy."
The ACLU's 83-page document proposes actions across a wide variety of topics, including national security, human rights, women's rights, civil rights, drug policy, the rights of LGBT Americans, immigrants and prisoners, privacy and free speech.
"Presidents have enormous power not only to set the legislative agenda, but also to establish policy by executive order, federal regulation, or simply by refocusing the efforts and emphases of the executive agencies," said Fredrickson. "The new president must use all of these tools to restore our freedoms and move the country forward."
"The American people still need to be reminded why grants of unchecked power do not actually make us safer," said Fredrickson. "And why Americans must stand firm in protecting the values that at our best we have always represented and defended at home and around the world."
To download and see the entire ACLU transition plan including suggested executive orders, mandates and directives from the president, go to www.aclu.org/transition
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666"When we do get ICE out of Maine, it's important for people to understand that that came from below, that came from power from organizers, from a mobilized population," said Senate candidate Graham Platner.
At a rally outside Sen. Susan Collins' office on Thursday morning, soon after the Republican lawmaker claimed she had gotten assurances from the Trump administration that it would end its immigration enforcement surge in Maine, Democratic Senate candidate Graham Platner said he was not prepared to accept a "pinky promise" from the White House after the arrests of hundreds of Mainers in recent days.
"I don’t believe it,” Platner told a crowd of protesters. “I don’t take the word of an administration that continues to break the law. I don’t take the word of an administration that continues to stomp our constitutional rights. We need to see material change.”
Collins said in a statement Thursday morning that she had spoken with Homeland Security Secretary Kristi Noem and received information that US Immigration and Customs Enforcement (ICE) "has ended its enhanced activities in the state of Maine"—adding the caveat that the Department of Homeland Security (DHS) "does not confirm law enforcement operations."
"There are currently no ongoing or planned large-scale ICE operations here," said the senator. "ICE and Customs and Border Patrol will continue their normal operations that have been ongoing here for many years."
About 200 people have been detained in what ICE has called "Operation Catch of the Day" since it was launched earlier this month, and immigrant rights and mutual aid groups in Portland, Lewiston, and other cities have ramped up efforts to support the state's growing population of immigrants and asylum-seekers, including its Somali community, which includes many people who have become citizens since arriving in the US.
The administration said it had a list of more than 1,400 people in Maine it aimed to arrest—people it claimed were among the so-called "worst of the worst" violent criminals the White House wants to deport.
People abducted from their cars and homes in the state, however, include a corrections officer who was eligible to work in the US, a civil engineer on a work visa, a mother who was followed home by ICE agents and had a pending asylum application, and a father who was driving his wife and 1-month-old baby home from an appointment and whose car window was shattered by an agent, sending glass flying into the infant's car seat. None of those people had criminal records, according to background checks and attorneys.
Rep. Chellie Pingree (D-Maine) said that while the "visible federal presence" in Maine may be reduced following Collins' announcement, "it is important that people understand what we saw during this operation: Individuals who are legally allowed to be in the United States, whether by lawful presence or an authorized period of stay, following the rules, and being detained anyway.”
“That is not limited to this one operation," said Pingree. "That has been the pattern of this administration’s immigration enforcement over the past year, and there is no indication that policy has changed.”
Platner told local ABC News affiliate WMTW that Collins affirmed in her statement that "she still supports ICE operations, just not this expanded one. An agency that over the past week has abducted people that work for the sheriff's department, has abducted fathers bringing their newborn child home from the hospital, an agency that has murdered American citizens in the streets of Minneapolis."
"That is not an agency that has any welcome in Maine to conduct any operations," said Platner, who has spoken out in support of abolishing ICE, which was established in 2003.
Sen. Susan Collins said ICE has ended its enhanced operation in Maine. But Graham Platner, who is running for Collins' Senate seat, told @catemccusker that he will believe it when he sees it. https://t.co/7GL6qM3Bf6 pic.twitter.com/iE6O44Ok5t
— WMTW TV (@WMTWTV) January 29, 2026
Platner also emphasized in comments to the Maine Newsroom that Collins, who as the Senate Appropriations Committee chair has been working to pass spending bills to avert a government shutdown and has been fighting against a push to strip DHS funding out of the package, should not get credit for pushing ICE out of Maine, if the agency is actually retreating.
"When we do get ICE out of Maine, it's important for people to understand that that came from below, that came from power from organizers, from a mobilized population," said Platner. "It is that power that is going to push ICE out of Maine, and those in power, who have done nothing, are not the ones who get to take credit. The people of Maine get to take credit."
The government spending bills passed last week in the House with seven Democrats—including Rep. Jared Golden of Maine—supporting the DHS funding. The Senate needs to pass the package by the end of Friday to avoid a shutdown.
Portland City Council member April Fournier said the timing of Collins' announcement seemed "very convenient" for the senator, who is running for a sixth term.
"I take this with a grain of salt," said Fournier. "There's a very important budget vote today that Susan Collins will be a part of and there's a lot of pressure on her given all of these immigration operations, what's happened in Maine, what's happened in Minneapolis, and all over. She has a lot of pressure to decrease funding for ICE, and she has really put her line in the sand that she's not willing to do that."
Fournier added that Collins is "vulnerable" as the midterms approach, "so if she's able to somehow say, 'We got ICE out of Maine,' and then try and paint herself as the hero, I think that her political analysis of the situation is that will win her back some favor."
The council member noted that just over seven years ago, the senator assured voters that US Supreme Court Justice Brett Kavanaugh would not vote to overturn Roe v. Wade as she announced her vote to confirm him.
"I trust Susan Collins and her actions about as much as I trust thin ice in spring here in Maine," said Fournier.
"'In theater' is an expression that has no place anywhere within the United States," said one critic.
White House border czar Tom Homan on Thursday sparked alarm when he used terminology associated with overseas war to describe federal immigration operations taking place in Minnesota.
During a press briefing, Homan was asked about the number of US Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents operating in Minnesota.
"3,000," Homan replied. "There's been some rotations. Another thing I witnessed when I came here, I'll share this with you, I've met a lot of people, they've been in theater, some of them have been in theater for eight months. So there's going to be rotations of personnel."
Q: Can you be specific about how many ICE and Border Patrol agents are currently operating in the state?
HOMAN: 3,000. There's been some rotations. They've been in theater a long time. Day after day, can't eat in restaurants, people spin on you, blowing whistles at you. But my… pic.twitter.com/1Vz8mKYCAv
— Aaron Rupar (@atrupar) January 29, 2026
Typically terms such as "rotations" and "theater" are not used to describe domestic law enforcement operations, but overseas military deployments.
Many critics were quick to notice Homan's use of war jargon to describe actions being taken in a US city and said it was reflective of how the Trump administration sees itself as an occupying force in its own country.
"'In theater' like they're landing marines at Guadalcanal or something," wrote Aaron Fritschner, deputy chief of staff for Rep. Don Beyer (D-Va.), in a post on X. "This stuff is happening in suburban American communities, that's where they're sending violent, masked invaders."
Northwestern University historian Kathleen Belew also expressed shock at Homan's rhetoric.
"'In theater' is an expression that has no place anywhere within the United States," she wrote on Bluesky. "'In theater' means in a war."
Andrew Lawrence, deputy director of rapid response as Media Matters, said Homan's war talk was "a crazy way to describe Minneapolis," while documentary filmmaker John Darwin Kurc described it as a "frightening characterization."
Shelby Edwards, a retired US Army major, also recognized the violent implications of Homan's words.
"Incredibly damaging how military language has infiltrated these agencies," she observed. "'In theater' is used for deployments into foreign nations, when we deploy soldiers we say things like this. This is America. This is an American agency assigned to an American city."
"ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence."
Amid the latest budget standoff in Congress, Senate Democrats on Wednesday said they may be willing to make a deal to fund the US Department of Homeland Security in exchange for a slate of "reforms" designed to rein in what Senate Minority Leader Chuck Schumer described as Immigration and Customs Enforcement's "state-sanctioned thuggery."
But just because something is written in law doesn't mean ICE agents will follow it.
That's what Chief Judge Patrick J. Schiltz of the US District Court in Minnesota—a conservative jurist appointed by former President George W. Bush—demonstrated when, as part of an order issued Wednesday, he published a list of nearly 100 court orders ICE has violated in just the month of January.
Schiltz issued the list as part of an order canceling a hearing for acting ICE Director Todd Lyons, whom he’d previously ordered to appear in court on Friday or face contempt. The judge demanded Lyon's personal appearance after ICE ignored the judge’s order to give a bail hearing to a detainee, Juan Hugo Tobay Robles, one of “dozens of court orders with which respondents have failed to comply in recent weeks.” Schiltz canceled Lyons’ hearing when Robles was released from custody.
"That does not end the Court’s concerns, however," Schiltz wrote on Wednesday. "Attached to this order is an appendix that identifies 96 court orders that ICE has violated in 74 cases."
"This list should give pause to anyone—no matter his or her political beliefs—who cares about the rule of law," he went on. "ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence."
"ICE," he said, "is not law unto itself."
This scathing document of ICE's willful disregard for the law was top of mind for many critics of the compromise Democrats appear poised to make in exchange for passing a budget package that includes $64.4 billion in DHS funding, including $10 billion for ICE and $18 billion for Customs and Border Protection (CBP).
On Thursday, seven Republicans joined Democrats in a 45-55 vote to block the spending package, which needs 60 votes to pass in the Senate. Democrats have said they want to separate DHS funding from the rest of the bill in order to negotiate a series of "reforms." If a deal is not reached by January 30, funding for DHS and several other agencies will lapse, causing another partial government shutdown.
On Wednesday, Schumer told the press that Democrats are "united" behind three key reforms to DHS. Per TIME Magazine:
“We want to end roving patrols,” Schumer said, laying out Democrats’ first demand. “We need to tighten the rules governing the use of warrants and require ICE coordination with state and local law enforcement.”
Second, he said, Democrats want to “enforce accountability,” including a uniform federal code of conduct and independent investigations into alleged abuses. Federal agents, he argued, should be held to the same use-of-force standards as local police and face consequences when they violate them.
Third, Schumer said, Democrats are demanding “masks off, body cameras on,” a reference to proposals that would bar agents from wearing face coverings, require they wear body cameras and mandate that agents carry visible identification. “No more anonymous agents, no more secret operatives,” he said.
Journalist and political analyst Adam Johnson described these proposals as "superficial," with many already being codified into law or even the US Constitution.
"As many scholars have noted, Trump arresting people without warrants is already unconstitutional and illegal, but his DHS is doing it anyway," he wrote. "Passing laws to enforce existing law may dissuade the Trump regime in some contexts, but it’s unclear why Trump wouldn’t just ignore the new law since they duly ignored the previous one."
He also said, "It’s unclear how much power Congress or states would have to 'enforce accountability' while Trump’s cartoonishly corrupt DOJ continues to investigate and threaten state lawmakers and leaders with prison time."
Johnson noted that the list of demands made by progressives, including Sen. Bernie Sanders (I-Vt.), was more comprehensive, including bans on arrest quotas and forcing ICE to end its reign of terror in Minneapolis, but said "it’s unclear how Congress would define, much less enforce, these parameters. And most conspicuous of all, their demands make zero mention of reducing DHS’s obscene budget."
DHS funds were already increased by $170 billion over the next five years in the One Big Beautiful Bill Act passed by Congress last year, and ICE funding tripled, from $10 billion per year to $30 billion, making it the equivalent of the 13th most expensive military in the world.
Aaron Regunberg, a writer at the New Republic, questioned what good it was to subject ICE to new laws when, as Schiltz's order showed, "ICE breaks the law, courts order them to stop, and then they keep breaking the law."
"You have to be dumb as bricks to think the answer is to pass a law saying it's against the law to break the law," he continued. "The answer is to stop giving these fascist goons billions of our tax dollars."