In the weeks (I know, it feels like years) since Trump’s inauguration, I have been furiously trying to keep up and keep you informed and up to date about the litany of executive orders and sweeping policy changes that he has tried to enact. As a criminal defense attorney who has spent years fighting for the rights of the accused, I’ve seen my fair share of systemic injustices. However, the actions of the Trump administration, barely a month into its second term, are a gut punch to those of us who believe in accountability, transparency, and the fundamental principle that no one—not even law enforcement—is above the law. 

Today, I intend to focus on Trump’s actions that directly impact myself and my community of criminal defense attorneys. The policies emerging from this administration aren’t just a rollback of progress; they’re a deliberate attack on the tools we defense lawyers rely on to protect our clients from an already lopsided system. Let’s unpack a few of these moves and what they mean for our work.

The Erasure of the NLEAD: A Gift to Rogue Cops

First, there’s the deletion of the National Law Enforcement Accountability Database (NLEAD), a move that hit like a wrecking ball on Day 1 of Trump’s second term. This database, launched under Biden in 2023, was a lifeline for tracking federal police misconduct—think excessive force, racial bias, or flat-out corruption. With nearly 4,800 records documenting misdeeds by over 4,000 officers, it wasn’t perfect, but it was a start. 

For defense attorneys like me, it was a critical resource to uncover patterns of behavior when cross-examining federal agents or challenging their credibility in court. Now? Poof. Gone. The White House claims it was tainted by “woke, anti-police concepts,” but let’s call it what it is: a free pass for bad actors to dodge scrutiny and keep terrorizing vulnerable communities. Without this database, we’re back to square one, digging through fragmented records or relying on luck to expose a cop’s history of abuse. Our clients—disproportionately Black, Brown, and poor—pay the price when these “wandering officers” slip through the cracks.

Pardons for the Powerful, Punishment for the Powerless

Then there’s Trump’s pardon spree, which kicked off with a bang in January 2025. Two D.C. cops convicted in the 2020 murder of Karon Hylton-Brown, a 20-year-old Black man, walked free thanks to Trump’s pen. This isn’t just a one-off; it’s a signal. Trump’s first term saw him pardon allies like Roger Stone and Michael Flynn, and now he’s extending that largesse to law enforcement who cross the line—especially when their victims are from marginalized groups. For defense lawyers, this sets a chilling precedent. It emboldens officers to act with impunity, knowing a sympathetic president might wipe their slate clean. Meanwhile, our clients face harsher sentences for minor offenses, with no such mercy in sight. The hypocrisy is staggering: the same administration that claims to be “tough on crime” is soft on those who abuse power under a badge.

Gutting DOJ Resources: Less Oversight, More Overreach

Whispers from the Department of Justice suggest another blow: staffing cuts driven by Trump’s “Department of Government Efficiency” (DOGE) initiative. While details are still murky as of February 28, 2025, the plan seems to involve hiring freezes and potential layoffs—part of a broader push to shrink federal bureaucracy. For criminal defense attorneys, this could mean a weakened DOJ less capable of investigating federal law enforcement misconduct or prosecuting complex white-collar crimes. Fewer resources might shift focus to low-hanging fruit—street-level drug cases or immigration offenses—where our clients are most likely to be ensnared. Meanwhile, the big fish, including corrupt officials, swim free. It’s a double whammy: less accountability for law enforcement and more pressure on the poorest defendants, all while we scramble to fill the gaps with overworked public defenders.

Militarizing the Streets: More Gear, Less Trust

Trump’s also itching to reverse Biden-era restrictions on transferring military equipment to local police. His first term saw the 1033 program flourish, flooding departments with armored vehicles and assault rifles—tools of war, not peace. Reports from early 2025 suggest he’s already nudging the Pentagon to loosen those reins again. For us in the trenches, this means more militarized raids, more no-knock warrants, and more terrified clients caught in the crosshairs. It’s not just optics; it escalates encounters, making plea deals harder to negotiate and self-defense claims tougher to argue when the state rolls in like an occupying force. Communities of color, already overpoliced, bear the brunt, and we’re left picking up the pieces in courtrooms stacked against us.

The AI Wild Card: Bias Amplified

Finally, there’s Trump’s cheerleading for artificial intelligence in policing—think predictive algorithms and enhanced surveillance. He’s touted it as a crime-fighting miracle, but for defense attorneys, it’s a nightmare in waiting. AI systems are only as good as the data they’re fed, and when that data comes from a system riddled with racial bias, the results are predictable: more stops, more arrests, more charges against Black and Latino defendants. We’ve already seen cases where faulty facial recognition lands innocent people in jail, and now Trump wants to double down without oversight. Challenging this tech in court is like wrestling a ghost—opaque, unaccountable, and backed by the full weight of the state. Our clients deserve better than to be guinea pigs for Trump’s sci-fi cop fantasy.

Fighting Back: A Call to Resist

These policies aren’t just hurdles; they’re a deliberate dismantling of the fragile progress we’ve made toward a fairer justice system. But we, the community of criminal defense attorneys, are not powerless. We must resist with every tool at our disposal. 

We start by organizing—building coalitions with activists, civil rights groups, and tech experts to recreate what the NLEAD gave us, crowd-sourcing data on law enforcement misconduct and making it public. We amplify every pardon, every militarized raid, every AI-driven injustice with relentless storytelling, shining a spotlight on the human cost of Trump’s agenda. We lean harder into litigation, challenging biased algorithms and overreach in court, even when the odds feel stacked against us. And we mentor the next generation of defenders, ensuring they’re ready for this fight—because it’s not just about today, but about the decades of damage this administration could inflict. Together, we can be the firewall against this assault on justice, holding the line for our clients and our communities. They’re counting on us, and we will not back down.

As a criminal defense lawyer who’s spent years fighting for the marginalized and standing up to overreaching governmental power, I’ve watched with growing alarm as the Trump administration unleashes its latest salvo against undocumented immigrants. The ink was barely dry on his second-term inauguration papers when, on January 20, 2025, President Trump kicked off what he gleefully dubbed the “largest mass deportation operation in American history.” If you thought his first term was a nightmare for immigrant communities, buckle up—this sequel is darker, more aggressive, and fueled by a chilling blend of fearmongering and unchecked executive ambition.

Fear-Mongering at the Southern Border

Let’s start with the facts—or as close as we can get to them amid the chaos of executive orders and chest-thumping press releases. On Day One, Trump signed a flurry of immigration-related executive orders that hit like a sledgehammer. The administration has framed the situation on the southern border as an “invasion,” a term that’s not just dehumanizing but legally loaded, teeing up extreme measures like invoking the Insurrection Act or the Alien Enemies Act. They’ve deployed 1,500 active-duty troops to the border, with military aircraft now ferrying deportees out of the country. The White House even flaunted photos of handcuffed migrants boarding planes—propaganda straight out of a dystopian playbook.

The policy specifics are as draconian as they sound. The Department of Homeland Security (DHS) has expanded “expedited removal,” a fast-track deportation process that skips immigration court hearings, to apply nationwide—not just at the border. If you’re undocumented and can’t prove you’ve been here for over two years, ICE can now snatch you up and ship you out without so much as a judge’s nod. The burden’s on you to prove your tenure, a near-impossible task for many who’ve lived in the shadows out of necessity.

An Assault on Birthright Citizenship

Then there’s the assault on birthright citizenship. Trump’s executive order, effective for babies born after February 19, 2025, denies passports and Social Security cards to children of undocumented parents or those on temporary visas. This attack on the 14th Amendment—a bedrock of post-Civil War justice—is already facing lawsuits, but the damage to families is immediate. Imagine telling a newborn they’re not American because of their parents’ status—pure cruelty dressed up as policy.

Asylum? Effectively dead. The administration shut down the CBP One app, canceled all scheduled asylum appointments, and reinstated the Remain in Mexico program, forcing vulnerable people to wait in dangerous border towns. They’ve also suspended the U.S. Refugee Admissions Program and terminated parole programs like the one for Cubans, Haitians, Nicaraguans, and Venezuelans, leaving over half a million people in limbo. Temporary Protected Status (TPS) is on the chopping block, too—hundreds of thousands could lose work permits overnight.

And it’s not just the border. ICE is now free to raid “sensitive locations” like schools, churches, and hospitals—places once off-limits under Biden-era guidelines. The administration’s also leaning on local law enforcement via 287(g) agreements, turning sheriffs into immigration cops, and freezing funds for nonprofits that help immigrants. This isn’t enforcement; it’s a war on communities designed to instill terror and trigger “self-deportation.”

Both a Moral and Economic Fallout

The rhetoric matches the actions. Trump’s team calls undocumented immigrants “criminals” and “threats,” ignoring the reality: most are workers, parents, and neighbors who’ve built lives here. The economic fallout of mass deportation—billions in costs, labor shortages in agriculture and construction—is dismissed. So is the human toll: families torn apart, kids left parentless, and trauma that’ll echo for generations.

I see this for what it is: an authoritarian power grab cloaked in nationalism. As a progressive, I’m enraged. As a human, I’m heartbroken. But as a lawyer, I know we are not helpless. Undocumented immigrants' rights—real, constitutional rights—and tools to fight back. Here’s what you need to know and do whether you are an undocumented immigrant or an ally.

What We Can Do

If you’re undocumented or supporting someone who is, the Trump crackdown feels like a storm breaking overhead. But even in this chaos, you have agency. ICE may have broader powers, but they’re not omnipotent. The Constitution still applies, and there are practical steps you can take to shield yourself and your loved ones. Here’s the playbook:

1. Do Not Let ICE Into Your Home Without a Warrant
   Your home is your castle—legally. The Fourth Amendment protects against unreasonable searches, and ICE can’t barge in without a judicial warrant signed by a judge. Not an administrative warrant—those flimsy DHS-issued papers don’t cut it for entry. If agents knock, don’t open the door. Speak through it if you must, but ask to see a warrant. If they don’t have one (and they often don’t), they can’t come in unless you let them. Stand firm.
2. Don’t Answer Questions—Invoke Silence
   You have the Fifth Amendment right to remain silent. ICE will try to trick you into talking—asking your name, birthplace, or status. Don’t take the bait. Politely say, “I’m exercising my right to remain silent.” They might push, but they can’t force you to speak. Anything you say can be twisted against you, so zip it. Allies, coach your friends and family on this—silence is a shield.
3. Don’t Sign Anything Without a Lawyer
   ICE loves getting signatures on deportation orders or “voluntary departure” forms—they’ll pressure you, claiming it’s easier to sign and go. Don’t do it. Signing can waive your rights to a hearing or appeal. Demand to speak to a lawyer first. If you don’t have one, say, “I want an attorney,” and don’t budge. Nonprofits and legal aid groups are scrambling to help—find one now, before you’re in cuffs.
4. Ask, “Am I Free to Leave?”
   If ICE stops you on the street, ask this magic question: “Am I free to leave?” If they say yes, walk away calmly—don’t run. If they say no, you’re detained, and that triggers more rights (more on that below). They need reasonable suspicion to stop you and probable cause to arrest. Racial profiling isn’t enough—though, let’s be real, it’s their go-to move. Document everything if you can; it’s ammo for court.
5. Know Your Rights—And Use Them
   • Due Process (Fifth Amendment): You’re entitled to a fair process before deportation. Expedited removal skips this, but if you’ve been here over two years—or can prove it—demand a hearing.
   • Habeas Corpus: If detained, you can challenge unlawful custody in federal court. It’s slow, but it’s there.
   • No Self-Incrimination: You don’t have to admit your status—ever.
   • Right to Counsel: You’re not guaranteed a free lawyer in immigration court, but you can have one. Find legal aid ASAP. Allies, spread this gospel: rights don’t work if you don’t invoke them.
6. Prepare and Organize
   • Safety Plan: Designate a trusted citizen friend or family member to care for kids or property if you’re grabbed. Memorize their number—phones get confiscated.
   • Documents: Keep proof of your time here (rent receipts, utility bills, kids’ school records) in a safe place. It could save you from expedited removal.
   • Community Networks: Join or build local immigrant defense groups. They can monitor ICE activity, provide legal referrals, and rally support.

This isn’t just about survival—it’s about resistance. Trump’s policies thrive on fear, but they’re not invincible. Lawsuits are already piling up—birthright citizenship bans are paused by federal judges, and asylum restrictions are under fire from the ACLU and others. States like California are pushing back with sanctuary laws and legal aid funding. Every injunction, every protest, every act of defiance chips away at this machine.

We Must Come Together To Protect Basic Human Rights

As a defense lawyer, I’ve seen the system bend when challenged. ICE hates scrutiny—record their actions, share them online, and call them out. I urge solidarity: citizens, march with immigrants; employers, shield your workers; schools, protect your students. This administration wants division; don’t give it to them.

Trump’s immigration agenda is a moral and legal abomination—a throwback to the worst chapters of American history, like Japanese internment or the Chinese Exclusion Act. It’s built on lies: that immigrants are a monolith of danger, not the backbone of our economy and culture. I’ve represented undocumented clients—farmworkers, caregivers, dreamers—and their humanity humbles me. They deserve better than this.

We’re in for a slog—billions will be spent, lives upended, and rights tested. But history shows that justice prevails when people fight. So fight. Know your rights, protect your neighbors, and hold the line. I’ll be in the trenches with you—because this isn’t just law, it’s life.

I am a criminal defense lawyer. I am a proud Filipina-American, raised not just on stories of resilience and resistance from my Lolo (grandfather) and my mom, but someone who lived through the dark days of Ferdinand Marcos’ dictatorship in the Philippines and during martial law. And I am unapologetically liberal—someone who believes in second chances, systemic reform, and the inherent dignity of every person, even those accused of the worst crimes. But today, I’m not writing to my fellow progressives alone. I’m writing to every lawyer—conservative, libertarian, centrist, or otherwise—because we are facing a crisis that transcends ideology: Donald Trump’s escalating assault on the rule of law.

Our Democracy Is Built on Justice, Accountability, and Fairness

As lawyers, we are the guardians of a system that, for all its flaws, is built on principles of justice, accountability, and fairness. We swore an oath to uphold the Constitution, not any one person or party. Yet here we are, watching a former president—and potential future one—chip away at those foundations with a recklessness that feels eerily familiar to me, a child of the Filipino diaspora whose family survived Marcos’ playbook of power consolidation.

The Philippines Under Marcos

Let’s rewind to the Philippines, 1972. Ferdinand Marcos declared martial law, claiming it was necessary to "save" the nation from chaos—communists, crime, dissent. Sound familiar? He suspended habeas corpus, silenced the press, and dismantled checks and balances, all while painting himself as the indispensable strongman. The judiciary? Gutted or co-opted. Congress? Dissolved. Critics? Jailed, exiled, or worse (“disappeared”). What started as "law and order" rhetoric morphed into a 14-year dictatorship that plundered the nation and crushed its democratic spirit.

Marcos didn’t seize power overnight. It was gradual—a slow boil of eroded norms, stacked institutions, and a cult of personality that convinced too many he was above the law.  Not gone are the memories of the radio broadcasts: Marcos railing against "elites" and "enemies," promising to restore greatness while his cronies tightened their grip.  The brave radio broadcasters had to go into hiding to tell the truth about the disappearances and corruption while Marcos waged war on them, attempting to shut down the lines and find those who criticized his unfettered power.  

Trump Is Dismantling Our Democracy Piece by Piece

Now look at Trump. He calls the free press "the enemy of the people." He attacks judges who rule against him, labeling them "biased" or "disgraceful." He pardons allies convicted of crimes while decrying the "weaponized" justice system when it targets him. He incites mobs to storm the Capitol, then claims immunity from accountability. Each step inches us closer to a place where the law bends to one man’s will—a place my family and I knew too well.

I’ve spent my career defending people accused of breaking the law, so I’m no stranger to skepticism about the system. But there’s a difference between critique and destruction. Trump’s actions—his refusal to accept election results, his threats to punish political opponents, his flirtation with loyalists who’d bypass legal norms—aren’t just partisan bluster. They’re authoritarian tactics. When he muses about being a "dictator on day one" or suggests jailing journalists (which was done repeatedly in the Philippines during Marcos’ reign), we should hear alarm bells, not applause.

The Rule of Law Knows No Party

The rule of law isn’t a liberal or conservative ideal—it’s the bedrock of our profession and democracy. It’s what lets a conservative prosecutor demand accountability for a corrupt Democrat or a liberal defender like me fight for an indigent client’s rights against a GOP-led state. Strip that away, and we’re left with might-makes-right—a system Marcos perfected, where loyalty to the leader trumps evidence, precedent, or reason.

So, to my colleagues on the right: I get it. You might cheer Trump’s policies—tax cuts, deregulation, "tough on crime" rhetoric. You might see his bombast as a middle finger to a broken establishment. But ask yourself: What happens when the strongman you back turns on you? When the judiciary you rely on to uphold your principles packed with sycophants? When the Constitution you revere becomes a prop for unchecked power? Marcos didn’t care about ideology once he had control—only obedience.

And to my fellow liberals: We can’t just preach to the choir. We need to reach across the divide to the conservative lawyers who share our oath and remind them that this isn’t about party—it’s about survival. The rule of law doesn’t bend left or right; it breaks when we let it.

Democracy Dies in Silence

Lawyers, all of us, must speak up. Write op-eds. File amicus briefs. Call out Trump’s assaults on judicial independence, election integrity, and democratic norms—publicly, relentlessly. Organize bar association resolutions condemning authoritarian drift. Educate our clients, our communities, our kids. We’re not just advocates for our cases; we’re advocates for the system itself.

For me, this is personal. My family fought against and joined in with the People’s Power movement in EDSA against Marcos’ regime because the Philippines was becoming a place where the law was a tool of the powerful, not a shield for the weak. I became a defense lawyer to fight for the marginalized, to hold the state accountable. I’ll be damned if I watch America slide into the same abyss my family fought back on decades ago.

We don’t have to agree on abortion, guns, or taxes to see the danger here. Trump’s actions threaten the very framework that allows us to debate those issues in a free society. If we lose the rule of law, we lose everything—left, right, and center.

Put The Country Before Party

So, colleagues, let’s rise above the partisan noise. Let’s channel the courage of the Filipino people who joined together (lawyers, priests, students, homemakers, soldiers, etc.) to resist Marcos—men and women who faced imprisonment or death to defend justice. Let’s protect what we’ve sworn to uphold before it’s too late. The rule of law isn’t a suggestion. It’s our legacy. Act like it.

Donald Trump’s dangerous rhetoric targeting transgender people, which began on the campaign trail, has only grown worse in the first weeks of his presidency. Worse yet, that rhetoric is now translating into actual policy. 

Trump’s History of Targeting the Transgender Community

Trump’s open bigotry toward transgender people dates back to his first term. One of the earliest and most controversial actions against transgender rights was Trump's decision to ban transgender individuals from serving openly in the U.S. military. Announced via Twitter in July 2017, this ban reversed an Obama-era policy that allowed transgender individuals to serve in their identified gender. Trump's tweet stated, "After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military." Although this policy faced immediate legal challenges, the Supreme Court eventually allowed a modified version of the ban to go into effect in 2019, which restricted transgender service based on certain medical standards. The policy was fully reversed when President Joe Biden took office in 2021. On his first day in office, Trump announced his intent to reinstate the ban, effective March 28th. 

Attacks on Healthcare Access for Transgender Individuals

The Trump administration has also made significant moves to limit healthcare access for transgender individuals. He promised, during his campaign, to end federal support for gender-affirming care for transgender youth under 19, calling such care "chemical, physical, and emotional mutilation" and suggesting it could be considered "child sexual mutilation.” Since taking office in 2025, Donald Trump has taken significant steps regarding healthcare for transgender people, consistent with his campaign promises and previous term's policies:

On the campaign trail, he called gender-affirming care for transgender youth “child sexual mutilation” and, upon taking office, immediately signed an executive order aimed at cutting federal support for gender-affirming care for individuals under the age of 19. This order seeks to end federal funding or support for healthcare that aids the transition of transgender youth, including through Medicare, Medicaid, and other federal health programs like TRICARE for military families. It further directs the Department of Health and Human Services (HHS) and other federal agencies to take all appropriate actions to stop what the order describes as "chemical and surgical mutilation of children." The withholding of federal funding to hospitals and universities that provide such care is also threatened.

The administration has also signaled an intent to revise or reinterpret existing laws like Section 1557 of the Affordable Care Act to exclude gender identity from discrimination protections, continuing his first-term efforts to narrow the definition of "sex discrimination" to biological sex only.

Legal Challenges to Trump’s Anti-Trans Policies

Rightfully so, these policies will face numerous legal challenges, as was the case during his first term. Advocacy groups like the ACLU and Lambda Legal have already indicated readiness to fight these unconstitutional and discriminatory executive actions in court.

Trump's policies have already succeeded in what is clearly one of his main aims: terrorizing the transgender community. Trump has essentially declared open season on an already marginalized community, which will inevitably lead to greater discrimination and further injustice against the members of this community.

Trump's actions are part of a broader agenda to limit transgender rights across various sectors, including education, sports, and identity documentation, reflecting a consistent stance against what his administration terms "gender ideology."

This approach has reignited debates about transgender rights, healthcare ethics, and the role of government in personal healthcare decisions, with significant implications for transgender individuals, healthcare providers, and the legal system.

Transgender Rights in Education Under Attack

Trump's campaign platform included aggressive measures against transgender rights in education. He vowed to reverse the Biden administration's expansions of Title IX protections for transgender students, particularly in areas like bathroom access, locker rooms, and sports participation. Trump's rhetoric often focused on keeping "men out of women's sports," a claim rooted in the controversial assertion that transgender women have unfair advantages, despite scientific debate on the subject and the relative infrequency of the occurrence. His administration also attempts to block schools from using federal funds to support students transitioning or teaching about gender fluidity, with specific policies to prevent teachers from using students' preferred pronouns or names, which could be seen as deadnaming or misgendering.

Erasing Transgender Identities from Legal Documents

Trump campaigned on a promise to legally recognize only "male" and "female" genders based on biological traits at birth. This was part of a broader initiative to "define transgender out of existence" by altering how gender is recognized in federal documentation, including passports and birth certificates. On his first day in office, Trump signed an executive order declaring that the U.S. government would only recognize two biological sexes, "male" and "female,” and that these "are not changeable." This policy has had an immediate impact on individuals applying for passports and other government identification. Secretary of State Marco Rubio issued a directive to halt all passport applications seeking to update gender markers to match the applicant's gender identity if it differs from the sex assigned at birth. The State Department also stopped issuing passports with an "X" gender marker, which had been introduced under the Biden administration for non-binary, intersex, and gender-nonconforming individuals.

Trump’s Rhetoric and the Weaponization of Transphobia

Throughout his presidency and his campaign for subsequent terms, Trump has made numerous public statements vilifying transgender policies and the community itself. He described transgender rights as "lunacy," "insanity," and "gender confusion," often using these terms in speeches and campaign ads to rally his base. His administration's rhetoric was part of a broader narrative against what they called "radical gender ideology." Significant sums were spent on campaign ads attacking transgender policies, particularly targeting Kamala Harris's support for transgender rights, branding these policies as part of a "woke" agenda.

Rolling Back Legal Protections for Transgender Individuals

Beyond explicit policy changes, the Trump administration worked to shift cultural and legal norms by attempting to eliminate transgender protections in various sectors. This included efforts to roll back workplace protections, housing rights, and educational policies that had previously recognized transgender rights. His administration's approach has signaled a clear intention to erase transgender identity from legal and cultural recognition.

Trump’s actions lay bare a primary goal of his administration will be curtailing the rights, visibility, and acceptance of transgender individuals in the United States.

Historical Parallels: Civil Rights and the Fight for Transgender Equality

As I sit here, reflecting on the recent wave of policies from the Trump administration targeting the transgender community, I feel a sense of déjà vu, not from personal experience, but from the history I've studied. I've always struggled to understand how, during the civil rights movement, there were people who opposed granting equal rights to African Americans, how they could justify segregation, and how they could stand in the way of human dignity. Now, I feel I'm getting a glimpse into that mindset, and it's terrifying and enraging.

The current administration's actions against transgender individuals - from the military ban to restrictions on healthcare and now the rollback on gender markers in passport applications - feel like a dark echo of past injustices. When I hear Trump decry gender-affirming care as "mutilation" or see his orders to erase non-binary identities from legal recognition, I'm reminded of those who once argued against desegregation or interracial marriage on the basis of "protecting society."

Just like the civil rights activists of the '50s and '60s, today's transgender community and their allies are fighting for the right to exist freely and openly. The argument that transgender individuals should be denied basic rights because they don't fit into a binary understanding of gender is no different, in principle, from the arguments made against civil rights for Black Americans. It's a fear of change, a fear of otherness, and a refusal to accept that society can evolve beyond outdated, harmful norms.

The pain of watching friends and loved ones in the transgender community navigate these new hurdles is profound. They're being told, in no uncertain terms, that their identity is not just unwelcome but should be actively suppressed by the state. This isn't just about legal documents or healthcare; it's about the right to live without fear, to work, to love, to exist without being forced into a closet of someone else's making.

While I was not alive to participate in the civil rights movement, I now understand what kind of human would oppose granting greater rights and freedoms to their fellow man. It's someone who believes their comfort, their worldview, is more important than another's humanity. Someone who sees diversity not as a strength but as a threat.

How You Can Take Action Against Anti-Transgender Policies

So what can we do?

Support or join organizations like the ACLU, Lambda Legal, and other advocacy groups that are already challenging these policies in court. These organizations need both financial support and public backing to litigate against discriminatory laws and executive orders effectively.

Advocate on behalf of the transgender community, which needs solidarity from its allies now more than ever. This can take the form of protest, speaking out on social media and in conversation with friends, and educating others about transgender rights, healthcare, the impact of discriminatory policies, and historical parallels. Education can dispel myths and reduce stigma.

Work within your local community to promote inclusivity, support gender diversity education, and ensure safe spaces for transgender youth. You can also volunteer with or donate to organizations that provide direct support to transgender individuals, such as shelters, health clinics, or legal aid services. Seeing community support is one way to help transgender individuals feel less isolated in their struggle for basic human rights.

And, of course, VOTE at the polls and with your wallet. You can use economic power to influence corporate behavior by boycotting companies that support or fund anti-transgender policies or politicians. On the other side of the coin, you can support businesses that actively promote transgender inclusivity in their policies and practices.

A Continuation of the Civil Rights Movement: It Should Never Stop

The fight for transgender rights is a continuation of the civil rights struggle - a battle for recognition, respect, and the fundamental right to be oneself. As we watch these policies unfold, it's clear that the arc of the moral universe doesn't bend toward justice on its own; it requires us to push, to protest, to speak out. Like those before us in the civil rights movement, we must stand up, not just for ourselves but for all those who are being told they don't count, they don't belong. Because, as history has taught us, when we fight for the marginalized, we're fighting for the soul of our society.

As we move through February, Black History Month, I find myself reflecting on my dual roles as a criminal defense attorney and an advocate for civil rights. This year, the celebration of black history feels not only like a remembrance but also like a call to action due to the current political climate ushered in by Donald Trump’s second term.

History Often Repeats Itself

We stand at a crossroads where the past and present seem to intertwine in a dance of history repeating itself. Just as those who came before us fought against the chains of slavery, Jim Crow laws, and systemic racism, we, too, now stand against policies and rhetoric that attempt to roll back the clock on civil rights and social justice and go back to a time of division and intolerance.

Let's start with history. The civil rights movement was not just about gaining equality in public spaces; it was a revolutionary struggle to affirm the inherent dignity and humanity of every person, regardless of race, in a society that had long denied it. This wasn't a mere legal battle for access to buses, schools, or voting booths—it was a profound moral reckoning, challenging the very foundations of a nation built on racial hierarchy.

Activists Are Architects of a New Vision for America

Figures like Martin Luther King Jr., Rosa Parks, and Malcolm X were not just activists; they were architects of a new vision for America. Martin Luther King Jr.'s dream was not just about ending segregation but about creating a society where justice and equality were not distant aspirations but lived realities, where children of all races could grow up free from the shadow of discrimination. Rosa Parks' refusal to give up her seat was not just an act of defiance; it was a declaration that black bodies were not property to be moved at the whim of white supremacy but vessels of dignity deserving of respect. Malcolm X, with his unapologetic call for black empowerment and self-determination, pushed the boundaries of the movement, reminding us that justice isn't just given—it is won through strength, pride, and an unwavering demand for recognition.

These leaders and the countless unsung heroes of the movement were not content with incremental change. They sought to dismantle the systems of oppression that had kept black people in chains—both literal and metaphorical—for centuries. Their work was not just about changing laws but about transforming the soul of a nation, forcing America to confront its contradictions and live up to its promise of liberty and justice for all. This vision of justice as a tangible, immediate reality rather than a distant hope continues to inspire us today as we face new challenges that echo the struggles of the past.

Trump’s Policies: An Existential Threat To Democracy

Trump's policies, from his approach to law enforcement to his stance on voting rights, echo a regressive mindset that threatens the progress we've made. His administration's endorsement of policies like "stop and frisk," which disproportionately target black communities, or his attempts to undermine the Voting Rights Act are stark reminders of how fragile the gains we have made are.

The Criminal Justice System and the Echoes of the Past

As a defense attorney, I see firsthand how these policies play out in the courtroom. The criminal justice system, often accused of being a continuation of the Jim Crow era, continues to disproportionately incarcerate black men. The "tough on crime" rhetoric that Trump has capitalized on isn't new; it's a recycled strategy from the '80s and '90s that led directly to mass incarceration. My work involves not just defending my clients but challenging a system that seems designed to perpetuate racial disparities.

But here's where Black History Month becomes not just a reflection but a source of hope:

• Community and Resistance: Just as the black community rallied in the past, we see it happening now. From Black Lives Matter to local activism, there's a resurgence of community organizing and resistance. These movements are crucial in keeping the conversation about racial justice alive and pushing for systemic change.
• Educational Empowerment: Education has always been a battleground for civil rights. Today, we're seeing a pushback against attempts to whitewash history in schools. By ensuring that black history is taught comprehensively, we're arming the next generation with knowledge, understanding, and the tools to fight against ignorance and prejudice.
• Legal Advocacy: My role as a defense attorney extends beyond the courtroom into advocating for and defending clients, using laws that protect civil rights. There's a growing network of legal professionals dedicated to not only defending clients but also challenging discriminatory laws and practices, much like Thurgood Marshall did with Brown v. Board of Education.

As we celebrate Black History Month, we must remember that our history is not just about the past; it's about the present and the future. We must understand that the struggle for justice is ongoing. The fight against Trump's regressive policies is a modern chapter in a long book of civil rights advocacy.

And I see great reason to be hopeful. Every day, I see young activists, new lawyers, and communities standing up, much like those before us did. They're using new tools—social media, technology, and global networks—to amplify their voices. The resilience of the black community, the solidarity from allies, and the relentless spirit of justice give us reasons to be hopeful.

We Must Stand Together To Protect Our Free, Fair, and Just Society

Let us remember that every step towards justice, no matter how small, is a tribute to those who fought before us. Let's carry that legacy forward with hope, with determination, and with the understanding that our fight is not just for today but for all the tomorrows that will follow. Here's to a future where every Black History Month is not only a celebration of the past but a testament to the progress we've made and the justice we continue to seek.

Trump's Assault on Birthright Citizenship

Continuing the warpath he has embarked upon to reshape American society, Donald Trump has taken significant steps towards altering one of the foundational principles of American citizenship: birthright citizenship. On his first day in office, Trump signed an executive order purporting to end the automatic granting of citizenship to children born in the United States to non-citizen parents. This change would apply not only to those in the country unlawfully but would extend even to those here lawfully on temporary visas. This move is part of a broader strategy to reshape U.S. immigration policy, fulfilling campaign promises from his 2024 run for office, where he explicitly vowed to end what he terms "birth tourism,” controlling immigration by redefining citizenship rights.

My mother is an immigrant from the Philippines who arrived in the U.S. on a student visa to study at the East-West Center on Oahu (Hawai’i). My father is a second-generation Sicilian American born in New York. His grandparents, my paternal great-grandparents were loyalists of the Kingdom of the Two Sicilies and were forced to flee when Giuseppe Garibaldi took power.  They immigrated from Sicily by boat, seeking refuge and opportunity in the United States, where they were greeted at Ellis Island. Because of my father's citizenship, I was fortunate to be born with birthright and bloodline citizenship. However, Trump's attempt to dismantle birthright citizenship strikes at the core of my family's history and American identity.

What Is Birthright Citizenship?

So, what exactly is birthright citizenship, and why do we have it? Birthright citizenship in the U.S. is the automatic acquisition of U.S. citizenship for any child born within the country's borders, a principle grounded in the 14th Amendment to the U.S. Constitution. Ratified in 1868, this amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause was primarily introduced to ensure that African Americans, post-Civil War, were recognized as full citizens. Over time, this right has been interpreted to include children of immigrants, regardless of their parents' legal status, as affirmed by the Supreme Court in the case of Wong Kim Ark in 1898, which held that the U.S.-born son of Chinese immigrants was a U.S. citizen. In other words, Donald Trump seeks to upend what has been the law of the land for well over 100 years.

Trump's strategy involves using executive action to reinterpret the phrase "subject to the jurisdiction thereof" in the 14th Amendment, arguing that this clause does not apply to children of parents who are not legal residents or citizens. His administration has directed federal agencies to deny citizenship to these children, setting a deadline for implementation, thus attempting to bypass the legislative process required to amend the Constitution directly.

Before even addressing how wildly unlawful it is for Trump to seek to rewrite the Constitution via executive order, meaning that he can not do this, let’s look for a moment at why he should not do this.

The Importance of Birthright Citizenship in the United States

Birthright citizenship has been pivotal in ensuring that all children born in the U.S., regardless of their parents' status, grow up with the same rights and opportunities as any other American. This integration fosters a sense that everyone has an equal stake in the nation's future. Removing this right could create a permanent underclass of individuals without full rights, leading to social division and inequality. We are, at our core, a nation of immigrants.

Children of immigrants contribute significantly to the economy through education, work, and innovation. Denying them citizenship could hinder their economic participation and integration, potentially reducing productivity and growth. These children are often raised in America, educated in its schools, and culturally American, yet they would be treated as foreigners without the right to vote, work freely, or receive certain benefits.

Revoking birthright citizenship is directly contradictory to the American ethos of being a nation of immigrants and a land of opportunity. It sends a message of exclusion rather than inclusion, which contradicts the moral fabric of the country built on the principles of equality and justice for all. Every day, it becomes increasingly obvious that when Donald Trump says, “Make America Great Again,” what he means is Make America Racist Again.

Ending birthright citizenship could lead to family separations, where U.S.-born children might be separated from their non-citizen parents or face deportation if their citizenship is not recognized. This disrupts families, communities, and the lives of children who know no other home but America.

Analyzing the Legal Problems of Ending Birthright Citizenship Via Executive Order

Moral arguments aside, the legal problems with Trump's executive order are numerous and stem from a deep-rooted interpretation of the U.S. Constitution. The 14th Amendment is clear in its language about citizenship by birthright. Legal scholars across the political spectrum argue that the amendment was intended to be inclusive, covering all born in the U.S., with only very specific exceptions like children of foreign diplomats or Native Americans at the time of its ratification. Trump's reinterpretation of "subject to the jurisdiction" is seen by many as a misreading of historical and legal intent.

The Supreme Court case of Wong Kim Ark directly supports birthright citizenship for the children of immigrants, legal or otherwise. This precedent has stood for over a century, making any executive action that contradicts it legally questionable. An executive order cannot unilaterally amend the Constitution or overrule existing judicial interpretations. The power to change citizenship laws lies with Congress, and any amendment to the Constitution requires a two-thirds vote in both the House and Senate, followed by ratification by three-fourths of the states. Trump's use of an executive order to bypass this process is a blatant misuse of overreach of executive power and should rightly be struck down by courts.

Multiple lawsuits from states, civil rights groups, and others have already been filed against this executive order, arguing its unconstitutionality. A federal judge has already issued a temporary block on the order, a promising signal of early judicial resistance to this policy.

This move by Trump not only faces significant legal barriers but also challenges the very principles of American identity and law, setting the stage for what could be a landmark legal battle over the interpretation of citizenship rights.

A Shift in Presidential Power

Although I am confident that the order will fail under legal scrutiny, its very issuance is a stark reminder of the radical and reckless way Donald Trump intends to use presidential power. This move not only challenges well-established constitutional rights but also signals a broader, more troubling intention to reshape American society in ways that could undermine its foundational principles of equality, liberty, and justice for all.

The audacity to attempt such a dramatic policy shift via executive fiat rather than through the democratic legislative process highlights a willingness to bypass checks and balances, which are essential to the functioning of American democracy. It's a strategy that could pave the way for further authoritarian measures if left unchecked. This executive order is not just about immigration or citizenship; it's a litmus test for how far the boundaries of executive power can be pushed under Trump's presidency.

A Possible Change in Precedent

The implications extend beyond this single policy. By attempting to redefine citizenship through executive action, Trump sets a precedent for future administrations to interpret the Constitution in ways that serve political agendas rather than legal or moral principles. Each radical policy, even if it fails legally, normalizes the idea of such actions in political discourse, potentially lowering the threshold for what is considered acceptable in future policy-making. Therefore, vigilance is more crucial now than ever. The resistance to Trump's efforts must be multifaceted. We must continue to challenge these actions in court not only to protect existing rights but also as a defense of the rule of law against executive overreach. We must continue to educate the public about the implications of such policies beyond the legal sphere. We are still a democracy, for now, and the will of the people still rules this country. Political activism, from voting to participating in protests or supporting candidates who uphold democratic values, is vital. The power of the electorate in a democracy should not be underestimated, particularly in countering authoritarian tendencies. The media must continue to scrutinize these actions, providing a platform for debate, analysis, and the highlighting of expert opinions to counteract misinformation and propaganda.

The Future of America: What Does This Country Stand For?

The battle over birthright citizenship is more than a policy disagreement; it's a fight for the soul of America, its commitment to inclusivity, and the preservation of its democratic institutions. As such, every American who values these principles must remain alert and actively engaged in resisting these radical shifts, ensuring that the country's trajectory does not veer away from its promise of being a beacon of democracy and freedom.

Upon retaking the presidency, Donald Trump has, as promised, moved aggressively and destructively to dismantle Diversity, Equity, and Inclusion (DEI) initiatives. His first acts in office included signing multiple executive orders designed to dismantle decades of civil rights progress. 

LBJ’s Executive Order 11246 Revoked

Notably, he revoked Lyndon B. Johnson's 1965 Executive Order 11246, which had mandated affirmative action in federal contracting, and issued new orders to terminate all federal DEI programs. These actions aim not only to end DEI practices within the government but also to place significant pressure on private-sector companies to abandon similar initiatives. 

Trump's orders describe these programs as "discriminatory," "immoral," and contrary to a "merit-based" society. Trump's executive orders mandate that federal agencies develop strategic enforcement plans to combat what he describes as "illegal DEI preferences." This includes directives for agencies to identify companies for potential civil compliance investigations, suggesting that the government is preparing to take legal action against private entities. Trump’s message has been heard loud and clear across corporate America, as many companies have already begun to scale back or abandon their DEI initiatives, fearing potential legal or financial repercussions. This reaction from the private sector underscores the chilling effect of Trump's policies, which aim to influence corporate behavior through the threat of government action.

Federal DEI Staff Placed on Leave

In addition, Trump has placed all federal DEI staff on paid leave and has begun the process of terminating them all. He has also aggressively encouraged federal employees to snitch on one another if they observe anyone continuing to engage in DEI initiatives. 

Trump’s policies were just fever dreams of white nationalists and the far right as recently as his first term. It cannot be overstated what a seismic shift the past month has been when compared to the way our society has been organized for the last 60 years.

The Goal of DEI

Diversity, Equity, and Inclusion are not just buzzwords; they are fundamental to creating a fair, just, and dynamic society. DEI programs aim to rectify historical injustices by ensuring that opportunities are accessible to all, regardless of race, gender, or other identity markers. 

Aside from the fact that such initiatives bring about a more just society, they have also proven to enhance organizational performance by bringing diverse perspectives to the table, which fosters innovation and better decision-making. They also address systemic discrimination, providing equal opportunities where they were previously denied. The fact is that having diverse backgrounds and perspectives is in and of itself a good thing for organizations. 

Trump's actions are a direct attack on this progress. By labeling DEI efforts as "illegal" and "discriminatory," he not only misrepresents their purpose but also undermines efforts to level the playing field. His policies risk reversing over a half century’s gains in representation and fairness while regressing to a less inclusive society where systemic barriers are not only left unaddressed but reinforced. 

This rollback is not just about policy; it's an ideological push towards a singular, narrow white supremacist vision of what success and merit look like, ignoring the complex realities of discrimination and bias in America.

So what can we do? If you know me, you know I am not someone who backs down from an unjust act or any difficult challenge. Now is the time to stand up, come together, and fight to protect our communities.

Educate and Advocate

Spread awareness about the importance of DEI. Use social media, community gatherings, and educational platforms to highlight how these policies benefit everyone by creating a more equitable society. Do not let the voices of bigotry and discrimination be the loudest. He does not get to pervert the true meaning, spirit, and definition of DEI.

Legal and Political Action

Support organizations like the ACLU, NAACP, and others that are fighting these executive orders in court. Encourage lawmakers to oppose these changes through public demonstrations, petitions, and by voting in elections that influence policy direction.

Corporate Responsibility

If you're in a position to influence corporate or other organizational policy, push for continued or even enhanced DEI initiatives. Companies should stand firm against intimidation and continue to champion diversity as both a moral and business imperative.

Community Building

Strengthen local networks that support underrepresented groups. Community initiatives can provide support, education, and advocacy at the grassroots level, creating resilient structures against regressive national policies.

Stay Informed and Involved

Keep up with policy changes and engage in continuous political activism. The fight for equality is ongoing, and staying informed allows for more effective resistance.

Despite these setbacks, the push for true equality and inclusion has never been about one administration or policy; it's a long-term commitment to justice. As Dr. King correctly stated, the moral arc of the universe is long, but it bends toward justice. 

History has shown us that movements for civil rights often grow stronger in the face of opposition. Every step backward has historically been met with two steps forward, driven by a populace that will not stand for injustice. 

Together, through activism, education, and unwavering commitment, we can ensure that DEI continues to advance. The spirit of resistance is alive, and together, we will forge a future where diversity is celebrated, equity is the norm, and inclusion is non-negotiable.

“The Opinions Expressed In This Post Are My Own And Not Necessarily Those Of The Organizations I Represent.”

—Frances Prizzia