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What did the Biden administration do to undermine civil liberties
Executive summary
Critics and watchdogs say the Biden administration both strengthened some civil liberties and took or defended actions others view as undermining them; complaints focus on surveillance law defense, partnerships with local law enforcement on immigration, and alleged pressure on social-media companies (ACLU, Homeland Committee, First Amendment Encyclopedia) [1] [2] [3]. International and rights groups also flagged broader human-rights and civic-freedom concerns, including transfers from Guantánamo and U.S. arms policy, while the White House highlights human-rights initiatives and AI safeguards—showing sharp disagreement over whether policies protected or eroded liberties [4] [5] [6].
1. Surveillance and Section 702: “A president who opposed it, then defended it”
Legal and civil-liberties advocates note a stark contrast between Joe Biden’s past criticism of Section 702 surveillance and his administration’s defense of that authority, arguing the government has failed to justify mass, warrantless searches of Americans’ communications and that oversight reviews found little demonstrated value for such searches (ACLU summarizing internal reviews and Biden’s prior statements) [1].
2. Domestic intelligence and the Disinformation Governance controversy
House Homeland Security members raised alarms that programs inside DHS—along with the now-scuttled Disinformation Governance Board—could overreach and threaten fundamental liberties by acting as domestic intelligence operations; congressional letters framed these initiatives as risking violations of Americans’ civil liberties, though the Board itself was quickly dismantled amid public controversy (House Committee release) [7].
3. Free speech disputes: pressure on platforms and litigation
State attorneys general and free-speech advocates contend the administration’s public engagement with platforms about misinformation amounted to coercion that chilled speech; Missouri v. Biden and related suits argue government coordination transformed private moderation into state action, a claim the administration disputed by framing its contacts as mitigating harms, and the Supreme Court agreed to hear the matter, highlighting unresolved constitutional questions (First Amendment Encyclopedia; Missouri AG release) [3] [8].
4. Immigration enforcement and local partnerships: civil-rights concerns
The ACLU documents that the administration continued to use programs like 287(g), allowing local sheriffs to exercise federal immigration authority; critics say many of those partners have histories of racial profiling and civil-rights violations and that the administration’s continued partnerships have empowered officials accused of discriminatory practices (ACLU) [2].
5. International human-rights criticisms that reverberate at home
Human Rights Watch and Amnesty International have criticized Biden policies abroad—such as arms transfers and limited progress on Guantánamo detainee transfers—which feed critiques that U.S. actions undermine international norms and, by extension, the U.S. government’s credibility on rights issues domestically; these foreign-policy decisions are raised by critics as part of a broader pattern affecting civil and human rights (Human Rights Watch; Amnesty International) [6] [4].
6. Administration’s affirmative record and counterarguments
The White House and pro-administration groups point to steps taken to protect rights: civil-rights litigation support on behalf of transgender youth, a Juneteenth federal holiday, executive actions addressing AI development with human-rights safeguards, and transfers from Guantánamo—framing these as evidence of a rights-forward agenda and active use of executive power to protect liberties (Leadership Conference timeline; White House fact sheet; DOJ actions noted in various accounts) [9] [5] [10].
7. International watchdogs and civic-freedom ratings
External monitors like Civicus placed the U.S. on a 2025 watchlist for “rapid decline in civic freedoms,” noting the country had a “narrowed” rating during the Biden era and flagging that occasional violations of association, assembly and expression rights occurred—this assessment signals international concern even as U.S. institutions and advocates spar over the causes and remedies (The Guardian summarizing Civicus) [11].
8. Where reporting conflicts and what’s not settled
Sources disagree sharply: civil-society groups emphasize surveillance, immigration partnerships, and alleged platform pressure as erosions of liberty, while the White House emphasizes legal defenses, human-rights initiatives, and targeted enforcement as protective actions (ACLU vs. White House materials) [1] [5]. Available sources do not mention a comprehensive legislative tally of civil-liberty “losses” certified by Congress; rather, the record is a mix of policy choices, litigation, congressional inquiries, and advocacy evaluations—each with its own perspective (not found in current reporting).
Conclusion — the debate is fundamentally partisan and institutional: watchdogs and some lawmakers present concrete examples and lawsuits portraying erosion of liberties, while the administration points to reforms and human-rights efforts; readers should weigh legal outcomes (ongoing litigation like Missouri v. Biden), oversight findings, and independent watchdog ratings when judging whether specific actions “undermined” civil liberties [3] [7] [11].