CIVICUS discusses the challenges posed by a new Trump presidency with Jamil Dakwar, Director of the Human Rights Program at the American Civil Liberties Union (ACLU), one of the USA’s oldest and largest civil liberties organisations.

Donald Trump was re-elected president on 5 November. Against a backdrop of economic anxiety, the Trump campaign focused on culture war issues, anti-immigration messages and controversial and false claims about past elections. Despite his many legal troubles, Trump won both the popular vote and the electoral college. Many in civil society in the USA and around the world are concerned about the likely impacts of his second term.

What major human rights challenges does the USA face?

The USA is struggling to protect democratic freedoms, constitutional rights and universal human rights. Voting rights are under threat, and efforts to disenfranchise excluded communities are on the rise. At the same time, there have been alarming setbacks in areas such as reproductive rights and education, with some states banning books and restricting the teaching of topics such as slavery and the treatment of Indigenous peoples.

Technological advances such as facial recognition and artificial intelligence have created new risks for privacy and equality, disproportionately affecting vulnerable communities. Police brutality and systemic racism also continue to plague law enforcement despite widespread calls for reform. Meanwhile, the right to protest and freedom of expression have come under attack, particularly in response to advocacy around Palestine or criticism of US foreign policy on university campuses.

The erosion of LGBTQI+ rights, particularly for transgender people, and the rights of immigrants and asylum seekers is also deeply troubling. In recent years, we have seen federal courts, including the Supreme Court, uphold repressive laws that disproportionately harm these and other historically excluded communities, thus creating public scepticism about the judiciary’s role in protecting and upholding civil rights and liberties. Now, with a single political party concentrating power across branches of government, accountability mechanisms are at risk of becoming weakened further, increasing the vulnerability of historically excluded communities.

Does Trump’s re-election pose a threat to US democracy?

Even though Trump was democratically elected, his policies and rhetoric pose a significant threat to democracy. We respect the voters’ choice, but we must stand firm in defending fundamental rights—not only those enshrined in the US Constitution, but all human rights that are at serious risk of being violated.

Our main concern is to ensure accountability for any administration, regardless of its political affiliation. With Trump back in office, we fear he may use the US military or National Guard to suppress dissent. Such measures would undermine the core democratic principle of freedom of expression and protest. We are also concerned about possible use of armed forces to support Trump’s plan to order mass detentions and deportations of non-citizens without due process.

It is the essence of any healthy democracy to continue to dissent, and for our activism to hold the government accountable for its actions. Policies that target individuals based on their national origin, identity, race, gender, or sexual orientation, or that otherwise promote xenophobia or intolerance, undermine these principles. Even in the darkest, most challenging times, we must always uphold the principles of human dignity and humane treatment. Through the courts, advocacy and public protest, we must oppose any measure that threatens these principles.

What’s the role of civil society in holding government to account?

Civil society must use every tool available to resist repressive policies, from litigation and advocacy to grassroots mobilisation. These efforts will require broad participation and coordination between movements, as well as cooperation with state and local governments that resist federal overreach.

Independent media will also play a crucial role in holding those in power to account and exposing potential violations of the law. Whistleblowers within government structures will need protection to expose abuses of power, and protesters on the frontlines will need robust legal and social support.

Looking back, civil rights victories in the USA, such as the dismantling of racial segregation, were achieved through courageous resistance and direct action. We must draw on history’s lessons as we face today’s challenges. International solidarity will also be crucial.

What must happen for US democracy to emerge stronger?

The first Trump administration tested US democracy, exposing longstanding gaps in the protection of fundamental rights. But the USA remains an outlier among democracies in its failure to guarantee secure voting rights and robust social protections. Civil and political rights alone are not enough; economic and social rights must also be recognised and protected. As seen in countries with strong social safety nets, these rights are integral to a functioning democracy.

The USA must evolve to meet these challenges. Civil society must push for the preservation of existing rights, but also for a broader vision of justice that includes economic, social and environmental rights. The goal is to remove the constraints of race, class and other barriers that prevent people from fully and truly engaging with democratic society. This is an opportunity to create a democracy that is both participatory and equitable, and truly reflects the aspirations of all its people.