Our Asks: Biden's Civil Liberties and Civil Rights To-Do List
Our Asks: Biden's Civil Liberties and Civil Rights To-Do List
As the Biden-Harris administration prepares to take office, urgent action is needed in their first 100 days — and beyond — to protect and extend the rights and liberties enshrined in our Constitution. The President- and Vice President-elect must not only prioritize undoing the many harms of the previous administration, but work toward a vision of the country that heralds justice, fairness, and equality for all of us.
Last updated on June 8, 2021
Criminal Justice
Millions of people took to the streets this year demanding racial justice and an end to racism in policing and the criminal legal system more broadly.
The Biden-Harris administration has a mandate from the electorate to fight against mass incarceration, and they have already indicated an intention to prioritize racial justice by reforming the criminal legal system. Here are our top criminal justice asks for the first 100 days of the new administration.
End the war on drugs
The administration should issue an executive order declaring an end to the war on drugs and ending prosecution of drug cases, and should support comprehensive reform bills such as the MORE Act.
Grant mass clemency
President Biden should use his executive authority to grant categorical clemency to thousands of incarcerated people serving unjustifiable sentences in federal prison.
Embrace a strong use of force standard
The administration must set clear national standards, requiring all police departments to adhere to a strong use of force standard that will save lives, and one that is based on principles of necessity, proportionality, and de-escalation.
Dramatically reduce pretrial detention
The Biden-Harris Department of Justice must seek pretrial detention for only the most extreme cases, and support legislation to eliminate presumptions of pretrial detention.
End private prisons
The administration should end the use of private prisons by the Bureau of Prisons, the U.S. Marshals Service, and all other federal agencies.
End the federal death penalty
The administration must honor its pledge to work towards federal legislation to end the federal death penalty, and should suspend all federal executions.
End solitary confinement
The Biden administration should ban solitary confinement lasting longer than 15 days for people in federal custody, and create incentives for states and localities to do the same.
The Biden-Harris administration has a mandate from the electorate to fight against mass incarceration, and they have already indicated an intention to prioritize racial justice by reforming the criminal legal system. Here are our top criminal justice asks for the first 100 days of the new administration.
End the war on drugs
The administration should issue an executive order declaring an end to the war on drugs and ending prosecution of drug cases, and should support comprehensive reform bills such as the MORE Act.
Grant mass clemency
President Biden should use his executive authority to grant categorical clemency to thousands of incarcerated people serving unjustifiable sentences in federal prison.
Embrace a strong use of force standard
The administration must set clear national standards, requiring all police departments to adhere to a strong use of force standard that will save lives, and one that is based on principles of necessity, proportionality, and de-escalation.
Dramatically reduce pretrial detention
The Biden-Harris Department of Justice must seek pretrial detention for only the most extreme cases, and support legislation to eliminate presumptions of pretrial detention.
End private prisons
The administration should end the use of private prisons by the Bureau of Prisons, the U.S. Marshals Service, and all other federal agencies.
End the federal death penalty
The administration must honor its pledge to work towards federal legislation to end the federal death penalty, and should suspend all federal executions.
End solitary confinement
The Biden administration should ban solitary confinement lasting longer than 15 days for people in federal custody, and create incentives for states and localities to do the same.
Disability Rights
The Biden-Harris administration must protect the rights of people with disabilities.
The Biden-Harris administration must protect the rights of people with disabilities. Urgent action is needed to address the life-threatening discrimination that has been laid bare: vast numbers of people with disabilities who live in institutions because they cannot access support in their homes; untold numbers of Black and Brown people with mental disabilities who are targeted and killed by police in moments of mental health crisis; education systems that criminalize students with disabilities. The administration must prioritize not only disability rights issues — with a particular focus on the discrimination and inequities facing disabled people of color — but also the needs of the women of color who disproportionately make up the direct care workforce that provides services and supports to people with disabilities.
Ensure that people with disabilities can live in their communities, not in institutions, and support the direct care workforce
The new administration must increase access to Medicaid’s home- and community-based services (HCBS) so that people with disabilities can live with independence and dignity in the community instead of in institutions, and must make sure that direct care workers have the support they need.
Stop law enforcement’s disproportionate targeting of people with mental health disabilities, and the entrapment of people with disabilities in the criminal legal system
The new administration must take bold action to end the overuse of police in responding to people in mental health crises, and reform our criminal justice system so that it does less harm to people with disabilities and gives them the accommodations they need to stay out of jails and prisons.
Ensure that students with disabilities have access to effective and safe education
The new administration must make sure that educational services and assessments for students with disabilities are fully funded and made available in the wake of the pandemic, and must take steps to end the use of restraint and seclusion of students with disabilities and the presence of police officers in schools.
The Biden-Harris administration must protect the rights of people with disabilities. Urgent action is needed to address the life-threatening discrimination that has been laid bare: vast numbers of people with disabilities who live in institutions because they cannot access support in their homes; untold numbers of Black and Brown people with mental disabilities who are targeted and killed by police in moments of mental health crisis; education systems that criminalize students with disabilities. The administration must prioritize not only disability rights issues — with a particular focus on the discrimination and inequities facing disabled people of color — but also the needs of the women of color who disproportionately make up the direct care workforce that provides services and supports to people with disabilities.
Ensure that people with disabilities can live in their communities, not in institutions, and support the direct care workforce
The new administration must increase access to Medicaid’s home- and community-based services (HCBS) so that people with disabilities can live with independence and dignity in the community instead of in institutions, and must make sure that direct care workers have the support they need.
Stop law enforcement’s disproportionate targeting of people with mental health disabilities, and the entrapment of people with disabilities in the criminal legal system
The new administration must take bold action to end the overuse of police in responding to people in mental health crises, and reform our criminal justice system so that it does less harm to people with disabilities and gives them the accommodations they need to stay out of jails and prisons.
Ensure that students with disabilities have access to effective and safe education
The new administration must make sure that educational services and assessments for students with disabilities are fully funded and made available in the wake of the pandemic, and must take steps to end the use of restraint and seclusion of students with disabilities and the presence of police officers in schools.
Freedom of Religion and Belief
The new administration must end religious favoritism and abandon policies that wrongly treat religious freedom as a license to harm others.
President-elect Biden should take swift action to rescind the Muslim ban, undo Trump-era actions that permit discrimination based on religious beliefs, take proactive steps to create stronger protections for LGBTQ people as well as people seeking reproductive care, and recommit the executive branch to defending the separation of religion and government.
Rescind the Muslim ban
President Biden must fulfill his campaign promise to rescind the Muslim ban on day one. He must also rescind all related policies that resulted from these discriminatory orders and abused the same legal authority.
Stop allowing harmful religious exemptions
President Biden’s administration must immediately withdraw all proposed, non-finalized regulations that would permit discrimination against LGBTQ people and people seeking reproductive care. His administration must also immediately begin the longer process of reversing harmful and discriminatory regulations that were finalized during the Trump era.
Guarantee coverage for birth control regardless of employers’ religious beliefs
The new administration must protect access to birth control coverage for all people regardless of their employers’ religious beliefs.
Commit to defending the separation of religion and government
The new administration must end all efforts by the Trump administration to promote or favor certain faiths. This includes rescinding the Department of Justice’s October 2017 religious freedom guidance, which fosters discrimination in the name of religion, and reversing harmful legal positions asserted by the Trump administration in ongoing court cases pertaining to the separation of church and state.
Rescind Trump’s executive order on Title VI and anti-Semitism
Anti-Semitic harassment is unacceptable and has no legitimate place in government-funded educational institutions, but this order risks chilling constitutionally protected speech by incorrectly equating criticism of Israel with anti-Semitism. The Biden administration should rescind it.
President-elect Biden should take swift action to rescind the Muslim ban, undo Trump-era actions that permit discrimination based on religious beliefs, take proactive steps to create stronger protections for LGBTQ people as well as people seeking reproductive care, and recommit the executive branch to defending the separation of religion and government.
Rescind the Muslim ban
President Biden must fulfill his campaign promise to rescind the Muslim ban on day one. He must also rescind all related policies that resulted from these discriminatory orders and abused the same legal authority.
Stop allowing harmful religious exemptions
President Biden’s administration must immediately withdraw all proposed, non-finalized regulations that would permit discrimination against LGBTQ people and people seeking reproductive care. His administration must also immediately begin the longer process of reversing harmful and discriminatory regulations that were finalized during the Trump era.
Guarantee coverage for birth control regardless of employers’ religious beliefs
The new administration must protect access to birth control coverage for all people regardless of their employers’ religious beliefs.
Commit to defending the separation of religion and government
The new administration must end all efforts by the Trump administration to promote or favor certain faiths. This includes rescinding the Department of Justice’s October 2017 religious freedom guidance, which fosters discrimination in the name of religion, and reversing harmful legal positions asserted by the Trump administration in ongoing court cases pertaining to the separation of church and state.
Rescind Trump’s executive order on Title VI and anti-Semitism
Anti-Semitic harassment is unacceptable and has no legitimate place in government-funded educational institutions, but this order risks chilling constitutionally protected speech by incorrectly equating criticism of Israel with anti-Semitism. The Biden administration should rescind it.
Immigration
The new administration must undo past damage and fundamentally reimagine our immigration system.
Rescind Trump-era immigration bans
On day one, the Biden administration must reverse Trump’s bans and related policies, including the Muslim Ban and its expansion targeting African countries, the asylum ban, the refugee ban, the health insurance-related ban, and all the other bans abusing this legal authority.
End immigration detention as we know it
The new administration must reimagine an immigration system centered on fairness, justice, and human rights, rather than a punitive, enforcement-based system.
Restart asylum and restore our commitment to humanitarian protection
The administration must reverse the Title 42 protocols, Asylum Bans I and II, forced returns to Mexico (“MPP”), the so-called Asylum Cooperative Agreements, PACR/HARP, and other changes that illegally shut down the asylum system and made it impossible for people to seek protection from persecution here.
Rein in Customs and Border Protection and hold it accountable for human rights abuses
To address CBP’s appalling human rights abuses, the new administration must end its role in detention and processing of asylum seekers. It must strengthen limits on CBP’s use of force and create a new complaint mechanism so that all CBP’s abuses are promptly investigated.
End programs that entangle state and local authorities in federal immigration enforcement
The Biden-Harris administration must end 287(g), ICE detainers, and the Secure Communities program in order to improve the safety of all local communities.
Reunite in the United States and implement remedies for families separated at the border
President-elect Biden must immediately end CBP’s role in family separation. It must also find, reunify in the U.S., and protect from deportation all separated families. The administration should also pursue a pathway to citizenship, redress, and accountability for families.
Implement a moratorium on deportations and halt immigration enforcement
The new administration must reject our existing immigration system’s reliance on a punitive, enforcement-based approach driven by mass detention and mass deportation, and, as one of its critical first actions, revoke the Trump administration’s expansion of expedited removal.
End the militarization and surveillance of border communities
The new administration must restore the civil rights and civil liberties of border communities by eliminating all border patrol interior checkpoints, halt all wall and barrier construction, withdraw military personnel from the U.S.-Mexico border and limit the use of intrusive surveillance technology.
The new administration must swiftly introduce broad-based relief programs to provide immediate security to millions who have been living in fear for far too long. Such programs should not further perpetuate the deep racial injustices of our criminal legal system by tying eligibility for relief to contact with the criminal justice system. Simultaneously, the Biden administration must fulfill its promise to introduce legislation creating a pathway to citizenship for all.
Restore access to citizenship and immigration benefits
The administration must end the attacks on citizenship and immigration benefits for Black and Brown people by ending the Controlled Application Review and Resolution Program, restoring the expedited path to citizenship for non-citizens serving in the U.S. military, and ending escalated denaturalization efforts.
The ACLU issued these immigration policy recommendations for the Biden-Harris administration.
Rescind Trump-era immigration bans
On day one, the Biden administration must reverse Trump’s bans and related policies, including the Muslim Ban and its expansion targeting African countries, the asylum ban, the refugee ban, the health insurance-related ban, and all the other bans abusing this legal authority.
End immigration detention as we know it
The new administration must reimagine an immigration system centered on fairness, justice, and human rights, rather than a punitive, enforcement-based system.
Restart asylum and restore our commitment to humanitarian protection
The administration must reverse the Title 42 protocols, Asylum Bans I and II, forced returns to Mexico (“MPP”), the so-called Asylum Cooperative Agreements, PACR/HARP, and other changes that illegally shut down the asylum system and made it impossible for people to seek protection from persecution here.
Rein in Customs and Border Protection and hold it accountable for human rights abuses
To address CBP’s appalling human rights abuses, the new administration must end its role in detention and processing of asylum seekers. It must strengthen limits on CBP’s use of force and create a new complaint mechanism so that all CBP’s abuses are promptly investigated.
End programs that entangle state and local authorities in federal immigration enforcement
The Biden-Harris administration must end 287(g), ICE detainers, and the Secure Communities program in order to improve the safety of all local communities.
Reunite in the United States and implement remedies for families separated at the border
President-elect Biden must immediately end CBP’s role in family separation. It must also find, reunify in the U.S., and protect from deportation all separated families. The administration should also pursue a pathway to citizenship, redress, and accountability for families.
Implement a moratorium on deportations and halt immigration enforcement
The new administration must reject our existing immigration system’s reliance on a punitive, enforcement-based approach driven by mass detention and mass deportation, and, as one of its critical first actions, revoke the Trump administration’s expansion of expedited removal.
End the militarization and surveillance of border communities
The new administration must restore the civil rights and civil liberties of border communities by eliminating all border patrol interior checkpoints, halt all wall and barrier construction, withdraw military personnel from the U.S.-Mexico border and limit the use of intrusive surveillance technology.
The new administration must swiftly introduce broad-based relief programs to provide immediate security to millions who have been living in fear for far too long. Such programs should not further perpetuate the deep racial injustices of our criminal legal system by tying eligibility for relief to contact with the criminal justice system. Simultaneously, the Biden administration must fulfill its promise to introduce legislation creating a pathway to citizenship for all.
Restore access to citizenship and immigration benefits
The administration must end the attacks on citizenship and immigration benefits for Black and Brown people by ending the Controlled Application Review and Resolution Program, restoring the expedited path to citizenship for non-citizens serving in the U.S. military, and ending escalated denaturalization efforts.
The ACLU issued these immigration policy recommendations for the Biden-Harris administration.
LGBT & HIV
Joe Biden’s election isn’t the end of our struggle for LGBTQ justice, it’s a new beginning.
Here are a few things the new administration must do to protect LGBTQ communities and undo Trump-era damage.
Issue an executive order improving access to accurate gender markers on federal IDs and records
The new administration should issue an executive order directing all federal agencies to implement self-attestation of gender markers, and add a gender neutral “X” designation to all federal IDs and records to ensure that all transgender people, including non-binary people, have access to updated and accurate identity documents to travel, apply for jobs, and go about their lives with less risk of harassment or harm.
Reverse harmful Trump-era policies
The Biden/Harris administration must undo policies from the previous administration including the transgender military ban, a proposed rule that would allow homeless shelters to turn away trans people, and harmful guidance for school districts about their obligations to prevent discrimination against LGBTQ youth.
Enact the Equality Act
The administration must urge Congress to pass the , which will add express protections for LGBTQ people to the Civil Rights Act and also fill several important gaps in that law for all women and people of color.
Here are a few things the new administration must do to protect LGBTQ communities and undo Trump-era damage.
Issue an executive order improving access to accurate gender markers on federal IDs and records
The new administration should issue an executive order directing all federal agencies to implement self-attestation of gender markers, and add a gender neutral “X” designation to all federal IDs and records to ensure that all transgender people, including non-binary people, have access to updated and accurate identity documents to travel, apply for jobs, and go about their lives with less risk of harassment or harm.
Reverse harmful Trump-era policies
The Biden/Harris administration must undo policies from the previous administration including the transgender military ban, a proposed rule that would allow homeless shelters to turn away trans people, and harmful guidance for school districts about their obligations to prevent discrimination against LGBTQ youth.
Enact the Equality Act
The administration must urge Congress to pass the , which will add express protections for LGBTQ people to the Civil Rights Act and also fill several important gaps in that law for all women and people of color.
National Security
The Biden-Harris administration must make it a top priority to overturn President Trump’s rights-violating, racist, and xenophobic national security policies, and also dismantle the post-9/11 U.S. legal and policy architecture upon which Trump built his abuses.
In the name of U.S. national security and counterterrorism, our government has violated the Constitution and human rights; damaged the rule of law and international cooperation; contributed to militarized and violent approaches to domestic policing; and, most consequentially, destroyed hundreds of thousands of lives, primarily of civilian, Muslim, Black, and Brown people. The Biden-Harris administration can and must ensure that U.S. national security policies and practices abide by the legal, human, and civil rights obligations and moral authority that the United States has long claimed.
Rescind key abusive national security and emergency power executive orders
President Biden must rescind abuses of emergency power that violated our Constitution and laws. This includes orders that: declared a national emergency to unlawfully construct the border wall; imposed sanctions on senior International Criminal Court personnel because the court is investigating U.S. war crimes in Afghanistan; and imposed bans on the TikTok and WeChat communications apps in violation of Americans’ First Amendment rights.
End unlawful reliance on decades-old authorizations for use of military force abroad and commit to war powers legislative overhaul to prevent endless war
The Biden/Harris administration must end reliance on the 2001 and 2002 Authorizations for Use of Military Force, upon which successive administrations have relied far beyond Congress original purpose in enacting them. The administration must also support war powers legislative overhaul to restore checks and balances and prevent endless wars and the rights abuses they cause.
Commit to closing Guantanamo and dismantle the legacy of U.S. torture
The Biden-Harris administration must finally close Guantanamo and end the extralegal, abhorrent, and wasteful policies and practices with which it will forever be synonymous. The administration must relatedly ensure meaningful transparency, accountability, and redress for government-sanctioned torture.
End bias-based profiling and oppose legislative proposals for a new “domestic terrorism” crime
The Biden-Harris administration must close national security and border loopholes in the Justice and Homeland Security Departments’ guidance on race that permit bias-based domestic profiling of Black, Brown, Muslim, and other communities. They must reject proposals to enact domestic terrorism crime legislation that, in the name of addressing white supremacist violence, would be used to further target and harm these same communities.
Support legislative proposals that reform or repeal Sec. 702 of the FISA Amendments Act
The Biden-Harris administration must support repeal or significant legislative reform of Section 702 of the Foreign Intelligence Surveillance Act, under which the U.S. government conducts mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications, disproportionately targeting communities of color, political activists, and journalists.
In the name of U.S. national security and counterterrorism, our government has violated the Constitution and human rights; damaged the rule of law and international cooperation; contributed to militarized and violent approaches to domestic policing; and, most consequentially, destroyed hundreds of thousands of lives, primarily of civilian, Muslim, Black, and Brown people. The Biden-Harris administration can and must ensure that U.S. national security policies and practices abide by the legal, human, and civil rights obligations and moral authority that the United States has long claimed.
Rescind key abusive national security and emergency power executive orders
President Biden must rescind abuses of emergency power that violated our Constitution and laws. This includes orders that: declared a national emergency to unlawfully construct the border wall; imposed sanctions on senior International Criminal Court personnel because the court is investigating U.S. war crimes in Afghanistan; and imposed bans on the TikTok and WeChat communications apps in violation of Americans’ First Amendment rights.
End unlawful reliance on decades-old authorizations for use of military force abroad and commit to war powers legislative overhaul to prevent endless war
The Biden/Harris administration must end reliance on the 2001 and 2002 Authorizations for Use of Military Force, upon which successive administrations have relied far beyond Congress original purpose in enacting them. The administration must also support war powers legislative overhaul to restore checks and balances and prevent endless wars and the rights abuses they cause.
Commit to closing Guantanamo and dismantle the legacy of U.S. torture
The Biden-Harris administration must finally close Guantanamo and end the extralegal, abhorrent, and wasteful policies and practices with which it will forever be synonymous. The administration must relatedly ensure meaningful transparency, accountability, and redress for government-sanctioned torture.
End bias-based profiling and oppose legislative proposals for a new “domestic terrorism” crime
The Biden-Harris administration must close national security and border loopholes in the Justice and Homeland Security Departments’ guidance on race that permit bias-based domestic profiling of Black, Brown, Muslim, and other communities. They must reject proposals to enact domestic terrorism crime legislation that, in the name of addressing white supremacist violence, would be used to further target and harm these same communities.
Support legislative proposals that reform or repeal Sec. 702 of the FISA Amendments Act
The Biden-Harris administration must support repeal or significant legislative reform of Section 702 of the Foreign Intelligence Surveillance Act, under which the U.S. government conducts mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications, disproportionately targeting communities of color, political activists, and journalists.
Racial Justice
President-elect Biden and Vice President-elect Harris must make racial justice a top priority.
In the last four years, the Trump administration has aggressively dismantled federal protections against racial discrimination, amplified racist rhetoric, and explicitly targeted communities of color with harmful executive actions. The Biden-Harris administration must both reinstate federal rules and policies that protect against racial discrimination, and take meaningful steps to further advance equity and justice in the U.S.
Support H.R. 40
The Biden-Harris administration must support the long overdue creation of a commission to examine the institution of slavery, its legacy, and make recommendations for reparations to Congress through H.R. 40 and its companion bill.
End attacks on government-sponsored racial and gender equity trainings
The new administration must rescind the Trump administration’s executive order, “On Combating Race and Sex Stereotyping,” and cease any efforts to enforce the order.
Reinstate guidance addressing disparities in school discipline
The new administration should reinstate federal guidance to protect students by addressing racial disparities in school discipline.
Reinstate guidance on voluntary integration and diversity for schools
The new administration should reinstate Obama-era guidance emphasizing ways for K-12 schools and colleges to promote diversity and inclusion and avoid or repair racial isolation.
Reaffirm and update guidance on Plyler v. Doe
The new administration should direct the Departments of Education and Justice to reaffirm and modernize guidance that ensures access to education for immigrant students.
In the last four years, the Trump administration has aggressively dismantled federal protections against racial discrimination, amplified racist rhetoric, and explicitly targeted communities of color with harmful executive actions. The Biden-Harris administration must both reinstate federal rules and policies that protect against racial discrimination, and take meaningful steps to further advance equity and justice in the U.S.
Support H.R. 40
The Biden-Harris administration must support the long overdue creation of a commission to examine the institution of slavery, its legacy, and make recommendations for reparations to Congress through H.R. 40 and its companion bill.
End attacks on government-sponsored racial and gender equity trainings
The new administration must rescind the Trump administration’s executive order, “On Combating Race and Sex Stereotyping,” and cease any efforts to enforce the order.
Reinstate guidance addressing disparities in school discipline
The new administration should reinstate federal guidance to protect students by addressing racial disparities in school discipline.
Reinstate guidance on voluntary integration and diversity for schools
The new administration should reinstate Obama-era guidance emphasizing ways for K-12 schools and colleges to promote diversity and inclusion and avoid or repair racial isolation.
Reaffirm and update guidance on Plyler v. Doe
The new administration should direct the Departments of Education and Justice to reaffirm and modernize guidance that ensures access to education for immigrant students.
Reproductive Freedom
The new administration must take bold, visionary steps to make reproductive health care — including abortion — accessible to all.
When President-elect Biden and Vice President-elect Harris take office, their administration must make it a top priority to not just undo prior damage, but to take bold, visionary steps to make reproductive health care — including abortion — accessible to all.
Reverse dangerous Trump administration regulations targeting reproductive health care
The Biden administration must quickly reverse harmful Trump rules to guarantee that no one is denied birth control coverage because of where they work or where they go to school, restore and rebuild the critical Title X program, and ensure that religious liberty is never used as a license to discriminate against those seeking health care.
Ensure access to medication abortion during the pandemic and beyond
During the public health emergency, the Biden administration must immediately pause enforcement of an outdated, medically unnecessary requirement that people seeking medication abortion travel to a health care provider for the sole purpose of picking up a pill, forcing unnecessary exposure to COVID-19 risks. The FDA should also undertake a full review of the restrictions on medication abortion which, beyond the pandemic, unnecessarily delay abortion care — sometimes preventing patients from accessing it altogether.
End insurance coverage bans
The Hyde Amendment has denied abortion care to people struggling to make ends meet — particularly women of color — for decades, by banning abortion coverage for those enrolled in Medicaid and other insurance programs. Biden should strike Hyde and all related abortion coverage restrictions from his first budget and call on Congress to pass the EACH Woman Act, which would end insurance coverage bans.
Enact a nationwide safeguard against state restrictions
The new administration should also call for swift passage of the Women’s Health Protection Act to address the crisis of state attacks on abortion access. Together with the EACH Woman Act, these measures would help ensure that everyone can get an abortion no matter where they live and how much money they make.
When President-elect Biden and Vice President-elect Harris take office, their administration must make it a top priority to not just undo prior damage, but to take bold, visionary steps to make reproductive health care — including abortion — accessible to all.
Reverse dangerous Trump administration regulations targeting reproductive health care
The Biden administration must quickly reverse harmful Trump rules to guarantee that no one is denied birth control coverage because of where they work or where they go to school, restore and rebuild the critical Title X program, and ensure that religious liberty is never used as a license to discriminate against those seeking health care.
Ensure access to medication abortion during the pandemic and beyond
During the public health emergency, the Biden administration must immediately pause enforcement of an outdated, medically unnecessary requirement that people seeking medication abortion travel to a health care provider for the sole purpose of picking up a pill, forcing unnecessary exposure to COVID-19 risks. The FDA should also undertake a full review of the restrictions on medication abortion which, beyond the pandemic, unnecessarily delay abortion care — sometimes preventing patients from accessing it altogether.
End insurance coverage bans
The Hyde Amendment has denied abortion care to people struggling to make ends meet — particularly women of color — for decades, by banning abortion coverage for those enrolled in Medicaid and other insurance programs. Biden should strike Hyde and all related abortion coverage restrictions from his first budget and call on Congress to pass the EACH Woman Act, which would end insurance coverage bans.
Enact a nationwide safeguard against state restrictions
The new administration should also call for swift passage of the Women’s Health Protection Act to address the crisis of state attacks on abortion access. Together with the EACH Woman Act, these measures would help ensure that everyone can get an abortion no matter where they live and how much money they make.
Speech, Privacy and Technology
The new administration must work to protect our privacy and ensure that every person in the U.S. has equal access to a free and open internet.
The Biden-Harris administration and Congress must make it a top priority to not just undo the Trump administration’s damage, but to push forward an agenda that will protect our privacy and ensure that every person in this country has equal access to a free and open internet, particularly during a public health crisis that has kept many of us at home and in greater need of equal access to high-speed internet than ever before.
Ban the federal use of, and funding for, facial recognition technology
The new administration should institute a moratorium on the use of face and biometric surveillance by law enforcement components of the federal government, particularly CBP and ICE, and support and encourage the passage of the Facial Recognition and Biometric Technology Moratorium Act to enshrine a moratorium into statute unless and until Congress passes specific authorization for each use, subject to sufficient safeguards.
Support the introduction and passage of federal comprehensive consumer privacy legislation
President-elect Biden should sign executive orders clarifying and enforcing existing civil rights protections online and should support comprehensive consumer privacy legislation that gives us control over our data, strengthens civil rights protections online, allows us to sue privacy-violating companies, and permits states to create stronger protections.
Expand access to broadband internet access services
The new administration must work to expand access to broadband internet services for low-income communities, especially Black communities, as well as rural and tribal communities through both legislative and executive action.
Restore net neutrality rules
The new administration should restore net neutrality protections and oppose any legislation that narrows the earlier rules.
Reinstate broadband privacy rules
The new administration must reestablish the strong, commonsense privacy rules that were overturned by Congress and the Trump administration.
The Biden-Harris administration and Congress must make it a top priority to not just undo the Trump administration’s damage, but to push forward an agenda that will protect our privacy and ensure that every person in this country has equal access to a free and open internet, particularly during a public health crisis that has kept many of us at home and in greater need of equal access to high-speed internet than ever before.
Ban the federal use of, and funding for, facial recognition technology
The new administration should institute a moratorium on the use of face and biometric surveillance by law enforcement components of the federal government, particularly CBP and ICE, and support and encourage the passage of the Facial Recognition and Biometric Technology Moratorium Act to enshrine a moratorium into statute unless and until Congress passes specific authorization for each use, subject to sufficient safeguards.
Support the introduction and passage of federal comprehensive consumer privacy legislation
President-elect Biden should sign executive orders clarifying and enforcing existing civil rights protections online and should support comprehensive consumer privacy legislation that gives us control over our data, strengthens civil rights protections online, allows us to sue privacy-violating companies, and permits states to create stronger protections.
Expand access to broadband internet access services
The new administration must work to expand access to broadband internet services for low-income communities, especially Black communities, as well as rural and tribal communities through both legislative and executive action.
Restore net neutrality rules
The new administration should restore net neutrality protections and oppose any legislation that narrows the earlier rules.
Reinstate broadband privacy rules
The new administration must reestablish the strong, commonsense privacy rules that were overturned by Congress and the Trump administration.
Voting
The new administration must ensure all voters have uninhibited access to the ballot, and ensure everyone is counted in the Census.
The Biden-Harris administration must go beyond undoing damaging efforts by the Trump administration to dismantle voting rights and take proactive steps to ensure all voters have uninhibited access to the ballot, and ensure everyone is counted in the Census.
End Census Bureau efforts to collect and publish citizenship data at the census block level
The new administration must stop efforts to publish, for the first time in American history, block-level citizenship data, which would unconstitutionally dilute the political power of communities of color.
Direct the Department of Justice Civil Rights Division to review post-2020 statewide redistricting plans
The new administration should undertake an ambitious review of redistricting plans in jurisdictions with recent records of racial voting discrimination, as well as places with fast-growing minority populations.
Rescind Trump-era memo on excluding undocumented immigrants from apportionment
The new administration should ensure undocumented immigrants are not unlawfully excluded from the Census apportionment count.
Take executive action to ensure voting is accessible to Americans with disabilities
The new administration should direct the Government Accountability Office, in consultation with the U.S. Election Assistance Commission, to create an accessible online portal so all Americans with disabilities can register to vote online to the extent allowable and ensure the federal mail-in voter registration form is accessible.
Direct the Attorney General to designate at least one assistant U.S. Attorney as a lead for voting rights enforcement in each U.S. Attorney district office
Working with the Civil Rights Division, the new administration should ensure U.S. Attorney offices are proactively working to help enforce federally protected voting rights nationwide.
Support efforts by the Department of Justice and the Bureau of Prisons to facilitate voting by incarcerated eligible voters and those awaiting release
The administration should support the voting rights of eligible voters who are incarcerated by the Bureau of Prisons by facilitating voter registration and absentee voting.
The Biden-Harris administration must go beyond undoing damaging efforts by the Trump administration to dismantle voting rights and take proactive steps to ensure all voters have uninhibited access to the ballot, and ensure everyone is counted in the Census.
End Census Bureau efforts to collect and publish citizenship data at the census block level
The new administration must stop efforts to publish, for the first time in American history, block-level citizenship data, which would unconstitutionally dilute the political power of communities of color.
Direct the Department of Justice Civil Rights Division to review post-2020 statewide redistricting plans
The new administration should undertake an ambitious review of redistricting plans in jurisdictions with recent records of racial voting discrimination, as well as places with fast-growing minority populations.
Rescind Trump-era memo on excluding undocumented immigrants from apportionment
The new administration should ensure undocumented immigrants are not unlawfully excluded from the Census apportionment count.
Take executive action to ensure voting is accessible to Americans with disabilities
The new administration should direct the Government Accountability Office, in consultation with the U.S. Election Assistance Commission, to create an accessible online portal so all Americans with disabilities can register to vote online to the extent allowable and ensure the federal mail-in voter registration form is accessible.
Direct the Attorney General to designate at least one assistant U.S. Attorney as a lead for voting rights enforcement in each U.S. Attorney district office
Working with the Civil Rights Division, the new administration should ensure U.S. Attorney offices are proactively working to help enforce federally protected voting rights nationwide.
Support efforts by the Department of Justice and the Bureau of Prisons to facilitate voting by incarcerated eligible voters and those awaiting release
The administration should support the voting rights of eligible voters who are incarcerated by the Bureau of Prisons by facilitating voter registration and absentee voting.
Women’s Rights
Everyone should have the freedom to live, work, learn, and serve free from discrimination based on sex.
The Biden-Harris administration and Congress must make it a top priority to not just undo the Trump administration’s damage, but to push forward an agenda that will ensure everyone has the freedom to live, work, learn, and serve free from discrimination based on sex.
Assure safe and stable housing for women and families
The next administration must extend and expand the CDC’s eviction moratorium, reauthorize the Violence Against Women Act, and restore tools needed to dismantle residential segregation.
Remove barriers to workplace equality for women
The next administration must urge Congress to pass critical legislation that ensures women have equal access to opportunities on the job, and mandate robust enforcement of civil rights and labor laws by government agencies.
Eliminate sexual harassment and assault in our nation’s schools
The Education Department must rescind Betsy DeVos’ double standard for reports of sexual harassment and assault and ensure strong protections against sexual harassment and fair process for all students.
Ensure military opportunities are open to all regardless of sex
The Biden administration should end the Department of Defense’s biased policies that harm women who want to serve in combat.
The Biden-Harris administration and Congress must make it a top priority to not just undo the Trump administration’s damage, but to push forward an agenda that will ensure everyone has the freedom to live, work, learn, and serve free from discrimination based on sex.
Assure safe and stable housing for women and families
The next administration must extend and expand the CDC’s eviction moratorium, reauthorize the Violence Against Women Act, and restore tools needed to dismantle residential segregation.
Remove barriers to workplace equality for women
The next administration must urge Congress to pass critical legislation that ensures women have equal access to opportunities on the job, and mandate robust enforcement of civil rights and labor laws by government agencies.
Eliminate sexual harassment and assault in our nation’s schools
The Education Department must rescind Betsy DeVos’ double standard for reports of sexual harassment and assault and ensure strong protections against sexual harassment and fair process for all students.
Ensure military opportunities are open to all regardless of sex
The Biden administration should end the Department of Defense’s biased policies that harm women who want to serve in combat.