Mike Brickner is the executive director of American Civil Liberties Union Delaware.
In the weeks leading up to Donald Trump’s inauguration, then-Gov.-elect Matt Meyer was asked on multiple occasions what he might do if the federal government attempted to violate the rights of Delawareans. Meyer was unequivocal: He would protect people’s rights.
Those words are critical for Delawareans to hear. As I have traveled the state since Donald Trump’s election, communities that he has threatened to target are frightened beyond belief. Now that President Trump has taken office, many of our worst fears have been confirmed by the speed with which he has issued executive orders and memos, plus taken other actions, to defile the very foundation of what it means to be an American.
I thank Gov. Meyer for his words and his strength in character to resolve to protect First State citizens. But the time has come that Delawareans need to see concrete action to proactively address the looming threats to our most precious rights and liberties.
His most recent announcement, that he would direct state police not to assist in most Immigration and Customs Enforcement operations, is an example of the type of action we need to see. But we can’t stop here — we must continue to act boldly.
The most important step that Gov. Meyer can take immediately is to issue an executive order that the state of Delaware will not cooperate with federal anti-civil rights actions. This would include not allowing any state agency to assist immigration agents in executing dragnet enforcement and investigations; ensuring that the private medical information for transgender people and those seeking reproductive health care remains private; affirming that all students are treated fairly in school and have access to equal education; reinforcing people’s First Amendment rights who disagree with the administration; and many other protections.
Passage of such an executive order would not be a panacea. For instance, state officials would still have to cooperate with lawful government orders, such as a signed immigration warrant from a judge for the detention or investigation of an undocumented person. However, it would help to shield many vulnerable Delawareans, protect against the worst impulses from the Trump administration yet to come and ensure that our state remains with clean hands, no matter what the federal government tries to do.
Even more importantly, it would provide a higher level of support and reassurance for the tens of thousands of Delawareans who are currently living in fear that they will be targeted by the administration. When our state’s highest elected officials take action to protect the vulnerable, it sends a clear message that they are valued members of our community who are worthy of dignity and equal justice.
It would also provide leadership and guidance during a time when many are confused and fearful about what the federal government might do. For instance, many of President Trump’s initial orders have revolved around education and transgender rights, as well as diversity, equity and inclusion initiatives. Taken together, many educational institutions are rightly left to wonder whether these orders will force them to close or alter certain student clubs, remove transgender girls from girls’ sports and censor certain topics from classroom discussions. These issues are fundamental civil rights issues that need public pushback and guidance from the very highest levels of our state government.
There may be people who hope that Donald Trump will not attack Delaware, surmising that it is too small and that he will focus his ire on other parts of the nation. And so, they fear that coming out and passing real, concrete protections that would repudiate the president’s goals and actions will somehow make our state a target.
If we have learned anything in President Trump’s first month in office, it is that he has no intention to stop his assault on our Constitution. To merely hope that he will not attack Delaware if we keep our heads down ignores the reality of the moment: Donald Trump is determined to undermine all norms in all corners of our nation.
Delaying proactive action only empowers the person who is attempting to rule with fear, leads to many people acquiescing to the government’s actions and tacitly endorses his attempts to curtail our rights.
There are already many states and localities that have stepped out on the issue of noncooperation with immigration officials. Nationally, over 700 localities in 28 states have passed laws or policies that they will not cooperate with ICE, and states like California, Oregon, Washington, Connecticut and New Jersey have broad noncooperation policies already in place. Gov. Meyer’s announcement that state police will not cooperate is a good first step, but other actions should include advising all state agencies not to cooperate, working with the attorney general to ensure that local law enforcement agencies are advised not to cooperate with immigration officers and establishing assistance programs for people who may be impacted by immigration enforcement actions.
It has been inspiring to see Delaware take part in lawsuits with other states and groups like the American Civil Liberties Union, challenging some of Trump’s actions. But lawsuits are inherently a reactive strategy, and Delawareans deserve proactive leadership to ensure that we are protected as much as possible before the federal government tries to violate our rights. Gov. Meyer has already taken an important step to make sure that state law enforcement will not take part in lawless raids, but we must enact formal protections across the board to protect all civil rights under attack by the federal government.
Audre Lorde’s famous quote — later used for her posthumous collection of essays and poetry, “Your Silence Will Not Protect You” — comes from an essay about the power of turning language into action. Lorde argues that silence is a form of violence and that, while language is powerful, it must be followed by concrete action to advance justice.
I am grateful that we have elected officials like Matt Meyer who have spoken broadly to assure Delawareans that he will have our backs. Now, we must see those words turn into specificity and action. Our silence will not protect us — and neither will inaction.
Visit bit.ly/meyer-eo to send a message urging Gov. Meyer to protect Delawareans’ civil liberties now.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
