Today, on February 27, 2025, the ACLU of Colorado sent a letter to Colorado sheriffs and county attorneys asking they confirm they do not have or immediately rescind jail policies, whether formal or informal, that treat incarcerated transgender people differently than their cisgender peers. The letter comes in response to a recent decision from the Tenth Circuit, Griffith v. El Paso, that found jail policies classifying incarcerated transgender people inconsistent with their gender identity are presumptively unconstitutional and subject to heightened scrutiny under the equal protection clause of the Fourteenth Amendment. 

“All trans people deserve to be treated with dignity. The Tenth Circuit’s recent decision affirms this,” said Tim Macdonald, ACLU of Colorado Legal Director. “Now, as federal actors threaten to cause trans people extreme harm and distress, local and state law enforcement must reaffirm their commitment to equal protection under the law.” 

States and cities are on the frontlines of the fight against the second Trump administration’s efforts to restrict our rights — and it is a fight. Already we’ve seen Donald Trump respond to this state-based resistance by attempting to weaponize funding to intimidate local officials to follow his extreme agenda. But local officials not only can fight back — they are fighting back.

For nearly a year, the ACLU has worked with our affiliates in every state to develop a playbook to block and disrupt Trump’s radical agenda. Our playbook outlines comprehensive tools to safeguard reproductive rights, immigrants’ rights, free speech, and more.

At the ACLU, we know that dissent is patriotic. Policymakers and elected officials must act to protect their communities and the rule of law, especially when under threat from the White House. Below are a few ways that states are saying no to Trump’s radical agenda.

Fifteen state attorneys general have formed a coalition to protect gender-affirming medical care for trans youth. They condemned President Trump’s recent anti-trans executive actions “wrong on the science and the law.” New York Attorney General Letitia James went a step further. She warned hospitals that they would be violating state anti-discrimination laws if they stopped offering gender-affirming care to youth.

New York Governor Kathy Hochul signed into law a bill that gives abortion providers additional privacy protections when prescribing medications used for abortion. While more privacy protections are still needed, when signing the bill, Hochul affirmed her commitment to New York being a safe harbor for all who need abortion care.

North Carolina and Washington have also moved to protect reproductive health. In Washington, Governor Bob Ferguson released an executive order convening a task force to strategize on protecting reproductive freedom. Governor Josh Stein issued an executive order reaffirming his commitment to protect women’s reproductive freedom in North Carolina. The executive order directs cabinet agencies to safeguard medical privacy and protects doctors providing lawful reproductive health care.

“We know that the work to fight both federal and state-level threats to our freedoms will happen locally,” said Liz Barber, director of policy & advocacy for the ACLU of North Carolina. “We have already seen the monumental impact of attacks on abortion across the country and here in North Carolina. That’s why we applaud the executive order from Governor Stein that protects access to abortion in North Carolina. We will continue to urge elected leaders to use every power at their disposal to affirm our fundamental rights and work with our coalition partners to sustain access to safe abortions.”

Last month, the ACLU responded to a Justice Department (DOJ) memo threatening local officials with criminal prosecution for refusing to carry out the Trump administration’s mass deportation agenda. The DOJ’s argument was legally baseless and harmful to our communities. Eleven state attorneys general agreed with us. Together, they released a statement noting their duty to uphold state laws.

Attorneys generals in Maryland, Minnesota, and New Mexico also took action. As reports of Immigrations and Customs Enforcement (ICE) raids rose in Maryland, Attorney General Anthony Brown issued guidance on immigration policy for local law enforcement agencies and health care providers. New Mexico Attorney General Raúl Torrez also issued guidance to local leaders in response to Trump's executive order rescinding long-standing federal protections for sensitive locations, such as schools and hospitals. In Minnesota, Attorney General Keith Ellison issued an advisory opinion stating “Minnesota law prohibits state and local law enforcement agencies from holding someone based on an immigration detainer if the person would otherwise be released from custody.”

"The ACLU of Minnesota has been working with community partners and leaders, including Minnesota Attorney General Ellison, to ensure Minnesotans know their rights and responsibilities with ICE,” said ACLU-MN Legal Director Teresa Nelson. “I applaud Ellison for loudly reminding police and sheriff departments that they cannot legally hold people in jail for the sole purpose of turning them over to federal immigration authorities."

Action isn’t limited to attorneys general. In California, ACLU leaders convened in Sacramento to urge state policymakers to fight back against the Trump administration’s extreme agenda and flurry of executive orders. In Delaware, the Department of Justice, the Office of Delaware Governor Matt Meyer, and the Department of Education released guidance on ICE in schools to protect students.

The second Trump administration is trying to undermine local governments and coerce them to comply with its radical, unlawful agenda. But we know that states have the power to fight back. That’s what federalism was built to do. As state and local leaders pushback against the Trump administration, they rely on support from constituents. Get involved at any level when you join our People Power volunteers and connect with your local ACLU affiliate to learn more about how you can take action. Our affiliates are working in each and every state, D.C. and Puerto Rico to safeguard our rights at the local, state and federal levels.

On February 14, 2025, the ACLU of Colorado sent a letter to Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), demanding federal immigration authorities comply with state law and Trump Administration policy, which prohibit civil immigration arrests in Colorado. The letter was sent in response to reports of courthouse arrests executed by federal immigration authorities. 

“Both state law and the administration’s own internal policies are clear in prohibiting these kinds of arrests,” said Tim Macdonald, ACLU of Colorado Legal Director. “These ICE enforcement actions on people who are going to or from court are a direct threat to the rule of law and the functioning of the judicial system in our state. They do nothing for public safety, inflict terror on our immigrant communities, and deter victims, witnesses, defendants, litigants, and the general public from accessing Colorado’s judicial system.” 

Internal policies adopted by the Trump Administration prohibit these types of civil arrests when they violate laws of the local jurisdiction, like they do in Colorado. In 2020, the Colorado legislature passed Senate Bill 20-083 to prohibit civil courthouse arrests. This law was intended to ensure that people, regardless of immigration status, feel comfortable participating in court proceedings and investigations.  

“These courthouse arrests break with the fundamental values of our justice system and hinders public safety instead of improving it,” said Sophia Mayott-Guerrero, ACLU of Colorado Director of Advocacy and Strategic Alliances. “When the legislature passed SB20-083, our leaders made a promise to all Coloradans that courthouses — and our justice system — would work for everyone, regardless of immigration status. These arrests betray that.” 

The letter requests a response from ICE and DHS by February 20, 2025.