ACLU Rights for All Candidate Questionnaire 2019
Kamala D. Harris
In the U.S., about 2.2 million people are locked behind bars on any given day and nearly 11
million people are incarcerated in an average year. The U.S. locks up more people, both inabsolute numbers and per capita, than any other country. Since the 1970s, sentences havebecome ever longer, and our prisons and jails have become costly and outdated behemoths thatcause more problems than they solve. Mass incarceration has deepened racial injustice,
shattered neighborhoods, and separated families, all without evidence that it has improved
public safety.
1. Will you commit to:a) Reducing incarceration by 50% in the federal prison system within your Presidency
Yes ⬜No⬜
b) Putting forward a nationwide strategy to cut the prison and jail population in half,
including at the state and local levels (the ACLU encourages you to release such a
strategy as soon as possible during the course of your campaign.)
Yes ⬜No⬜
Explanation (500 words): As president, my priority will be to fight for end-to-end
criminal justice reform. Throughout my career I have seen first-hand how our criminal
justice system is deeply flawed, infected with bias, and in urgent need of reform, and I
have taken tangible steps to reform it. As District Attorney, I championed one of the firstre-entry programs in the nation to direct young people arrested for drug crimes into job
training and counseling programs instead of jail known as Back-on-Track which has beenrecognized as a national model for reducing recidivism. As Senator, I championed
sentencing reform and introduced bipartisan legislation to end our country’s money bailsystem, in addition to co-sponsoring the Dignity for Incarcerated Women Act and the
FIRST Step Act. As president, I would continue that record to seriously reform thissystem and change policies that led to mass incarceration. To help end the era of mass
incarceration, I will legalize marijuana, further reform federal sentencing laws, make thereforms included in the FIRST Step Act retroactive, end private prisons and immigrant
detention facilities, seek a federal moratorium on the death penalty, and push states toprioritize treatment and rehabilitation for certain drug offenses. I will also use myclemency and pardon power as needed to make sure that we achieve real progress
towards these badly needed reforms in a way that can provide immediate transform lives
and communities.
The next president has broad authority to grant clemency to people in federal prisons who havesuffered disproportionately from past tough-on-crime policies and whose release would pose
little risk. 81,000 people are incarcerated in the federal system for drug-related charges.
Approximately 164,400 people in state prisons are aged 55 or older, many suffering from serious
illness. A bold federal clemency program, matched by federal incentives for similar efforts in thestates, could result in the release of up to three hundred thousand people, returning them to theirfamilies and communities.
2. Will you pledge a swift use of the president’s clemency power to release 25,000 people fromthe federal prison system during your first term, and to direct federal incentives to thestates aimed at releasing 250,000 more?
Yes ⬜ No ⬜
Explanation (no more than 500 words): I have fought for end-to-end criminal justicereform my entire career and will continue to fight for badly needed reforms as president. I
will also use my clemency and pardon power on a broader basis than has been done in thepast to overturn the convictions of people incarcerated for non-violent drug offenses.
Many aspects of our criminal justice system were designed during the Jim Crow-era to protect
white supremacy, and that legacy drives vast racial injustice. One of every three Black boys is
incarcerated in his lifetime, as is one in every six Latino boys — compared with one of every 17
white boys. People of color make up 67% of the prison population, but only 37% of the U.S.
population. These disparities grew especially pronounced during the War on Drugs. About
465,000 people are incarcerated for a drug-related charge. While whites outnumber blacks fiveto-one and both groups use drugs at similar rates, blacks comprise 35% of those arrested for
drug possession, 55% of those convicted for drug possession; and 74% of those imprisoned for
drug possession. More recently, the opioid crisis has reaffirmed the failure of criminalization.
Full decriminalization with appropriate treatment responses could address this stark racial
injustice and reduce incarceration.
3. Since drug use is better addressed as a public health issue (through treatment and otherprogramming), will you support the decriminalization at the federal level of all drug
possession for personal use?
Yes X No ⬜

Explanation (no more than 500 words): I have co-sponsored the Marijuana Justice Act, which
would legalize marijuana and believe it is long past time that we changed our outdated anddiscriminatory criminalization of marijuana. And throughout my career I have supported
treating drug addiction as a public health issue, focusing on rehabilitation over incarceration
for drug-related offenses. Both of my Back-on-Track programs, made it a priority to connect
individuals with substance abuse treatment as part of diversion and re-entry programming, inaddition to employment.
Every year, hundreds of people, many of them unarmed, and many of them of color, are killed bypolice, warranting drastic changes to our approach to public safety.
4. Will you issue federal guidance advising police to use deadly force only after exhausting allalternatives and only when necessary to protect the life of another person or the officer’s life?
If yes, how will you incentivize state and local law enforcement to abide by this guidance(for example, federal funding or technical assistance)?
Yes ⬜ No⬜
Explanation (no more than 500 words): As president, I will fight to ensure accountable andconstitutional policing, I will double the Justice Department’s civil rights division, renew andexpand pattern and practice investigations, enforce consent decrees, and support legislation
to end racial profiling. And I will work with Congress to enact proposals that would require
any state receiving federal Byrne JAG funds to enact laws mandating the independent
investigation and prosecution of the use of deadly force by law enforcement officers.
Approximately 11 million people who live in the United States are undocumented. Two-thirds of
undocumented adults have been here for at least 10 years. They are our neighbors, ourcolleagues, our friends, our family members: About 5 million U.S.-citizen children live with atleast one parent who is undocumented, and undocumented adults make up about 4.8% of theworkforce. As long as we prevent these individuals from becoming citizens, we are
institutionalizing a permanent underclass, primarily Latino, Asian, and Black, living andworking in the U.S. but often unable or afraid to assert their civil and constitutional rights.
5. Will you commit to champion legislation to provide fair and achievable paths to citizenshipfor 11 million undocumented immigrants?
Yes X No ⬜
Explanation (no more than 500 words): As president, I will prioritize immigration reformwith a pathway to citizenship for the 11 million plus people living in our communities andcontributing to our economy. And I will use executive action to create a pathway tocitizenship for DREAMers using my authority under the Immigration and Nationality Act(INA). I will issue a rule clarifying that DREAMers are not responsible for a lapse in theirstatus and direct my Homeland Security Secretary to make sure that all DACA recipients
receive work authorization. I will also make sure that parents of U.S. citizens and legal
permanent residents, as well as other law-abiding immigrants with ties to our communities,
are able to apply for deferred action to protect them from the prospect of deportation.
Currently, millions of immigrants live with the constant fear that they or their family members
could be detained and deported at any time. The federal government has taken aggressive steps
to coerce state and local police into identifying immigrants for deportation and turning them overto Immigration and Customs Enforcement (ICE). An ICE detainer is a request from ICE to astate or local law enforcement agency to jail someone until the person can be taken into federal
immigration custody — for up to 48 hours beyond the time that the person would otherwise be
released. Detainers are the linchpin in ICE’s reliance on local police as “force multipliers” tocarry out its mass deportation agenda; they also incentivize racial profiling by police.
6. Will you commit to ending the use of ICE detainers?
Yes X No⬜
Explanation (no more than 500 words): Throughout my career, I have made it clear that law
enforcement should use their time and resources to keep communities safe, not act as federal
immigration agents. It’s also important that law enforcement build trust with thecommunities they are sworn to protect - acting as de facto immigration officers erodes thistrust. As Attorney General, I issued a bulletin on December 4, 2012 informing all California
law enforcement that they did not have to comply with ICE detainers. As president I will
focus enforcement on increasing public safety, not tearing apart immigrant families. This
includes requiring ICE to obtain a warrant where probable cause exists as to end the use ofdetainers.
ICE is responsible for the largest immigration detention system in the world — a sprawling
network of ICE-run facilities, private prisons, and local jails operating with little to no
meaningful oversight, costing more than $8 million per day in federal taxpayer dollars. Noncitizens in detention include asylum seekers, long-time U.S. residents, and green card holders; inmany cases, they are jailed because of categorical rules that deny them release even if theirdetention is demonstrably pointless. In 1997, the average daily detention population was about
12,000. Today it’s 50,000 — which is 60% higher than it was just two years ago.

7. Will you commit to reduce the size of the immigration detention system by at least 75%,
including by: 1) cutting ICE’s detention budget; 2) ending the detention of families, asylum
seekers, and other vulnerable populations; 3) ending prolonged detention without bondhearings; and 4) ending requirements that immigrants post bonds they cannot afford?
Yes ⬜ No⬜
Explanation (no more than 500 words): Our immigrant detention system is out of control,and I believe we must end the unfair incarceration of thousands of individuals, families andchildren. I was one of the first Senators after President Trump was elected to advocate for adecrease in funding to ICE. I have led efforts to urge the Senate Appropriations Committee todecrease detention dollars. As president, I will fight to pass my DONE (Detention Oversight
Not Expansion) Act into law which would increase oversight of Immigration and Customs
Enforcement detention facilities, slash detention by at least 50%, and halt funding for theconstruction or expansion of new facilities. I will also fight to pass immigration reform witha pathway to citizenship for the 11 million plus people living in our communities andcontributing to our economy. I will immediately reinstate DACA and implement regulations
to protect DREAMers and their parents from deportation. I will use executive action to createa pathway to citizenship for DREAMers using my authority under the Immigration andNationality Act (INA). I will issue a rule clarifying that DREAMers are not responsible for alapse in their status and direct my Homeland Security Secretary to make sure that all DACA
recipients receive work authorization. I will also close private immigrant detention centersand family detention, increase oversight and transparency of ICE and CBP, including
mandating body worn cameras, and focus enforcement on public safety, not on tearing apartimmigrant families.
At the founding of our nation, women, African-Americans, those who were unable to read or
write, poor people, and individuals with felony convictions were excluded from the ballot box.
Over time, the right to vote has been extended to many of those citizens. Additionally, polltaxes and literacy tests have been banned. But restrictions remain. Over 5 million people areunable to vote because they are incarcerated, completing probation or parole, or are precluded
from voting for having a felony conviction in their past.
8. Will you pledge to advocate for the right to vote for all citizens over the age of 18, including
people who are currently incarcerated? (There are a number of ways to do this, e.g., byproviding federal incentives for states who push forward reforms in this area, or bypushing Congress to restore the vote to people in federal prisons.)Yes ⬜ No⬜

Explanation (no more than 500 words): Millions of people who have completed their prison
sentences are being denied the right to vote. Restoring voting rights for every American who
has completed their prison sentence will be my priority as president.
Over 700,000 residents of Washington, D.C. are denied the full rights to citizenship, without
voting representation in Congress or local autonomy over the laws, budgets, and policy
choices that govern their communities. This has real consequences for the residents of D.C.,
who voted for Statehood by a margin of 85% in 2016. District citizens bear the burdens ofAmerican citizenship without possessing the same rights as residents of other states.
9. Will you commit to supporting D.C. statehood? If so, please describe your plan to achieve
D.C. statehood.
Yes X No ⬜
Explanation (500 words): I have co-sponsored the Washington, DC Admission Act which
would admit DC to the union, and will fight to pass it into law as president.
10. Will you work to stop states from shutting down abortion providers by urging Congress topass and signing into law the Women’s Health Protection Act? If yes, how will you take aleadership role in advancing this legislation at the national level?
Yes X No ⬜
Explanation (no more than 500 words): I am a co-sponsor of the Women’s Health Protection
Act and will fight to sign it into law as president. As President, protecting the right toreproductive healthcare services will be one of my top priorities and I will fight to stop
dangerous state laws restricting reproductive rights before they go into effect. That’s why I
have a plan to require states with a history of unconstitutionally restricting access to abortion
to pre-clear any new law or practice with the Justice Department before it can be enacted. We
have to fight back against this all out assault on reproductive rights. Women have agency andthey have authority to make decisions about their own lives and their own bodies. My
administration won’t leave them to fight alone.
11. Will you commit to introducing a clean budget with no abortion coverage restrictions, andguarantee that you will work to keep such restrictions out of final appropriations bills? How
will you take a leadership role in advancing this issue in Congress?
Yes X No⬜

Explanation (no more than 500 words): As mentioned above, as president I will be achampion for reproductive rights. That’s why I am calling for a repeal of the Hyde
Amendment as well as a requiring states to pre-clear any new law or practice that restricts
access to abortion with the Justice Department before it can be enacted. We have to fightback against this all-out assault on reproductive rights. My administration won’t leaveanyone to fight alone.
12. Will you urge Congress to pass and commit to signing the EACH Woman Act, which would
lift abortion coverage restrictions including the Hyde amendment and stop politicalinterference in private insurance coverage of abortion? How will you ensure that this is a top
legislative priority in Congress?
Yes X No ⬜
Explanation (no more than 500 words): Restricting the options that women have to obtainand pay for an abortion is effectively infringing on their reproductive rights. We need toeliminate the Hyde amendment and ensure that all insurers are required to provide full
reproductive healthcare services. That’s why I am a co-sponsor of the EACH Woman Act,and as president, I will fight to pass it into law.
We have witnessed an unprecedented demand for accountability for workplace harassment,
particularly sexual harassment and assault, but also harassment based on sex, race, color,religion, national origin, age, and disability. However, Congress has not yet passed legislation to
help solve this problem in workplaces across the country, and employers should be doing more.
The BE HEARD in the Workplace Act, introduced in April 2019, would strengthen and expand
the reach of our nation’s antidiscrimination laws, remove barriers that prevent individuals fromaccessing justice, and help employers create harassment-free workplaces—while also holding
them accountable when they fall short.
13. Will you actively push Congress to pass the BE HEARDAct?
Yes X No ⬜
Explanation (no more than 500 words): I was proud to be one of the first co-sponsors to sign
onto the BE HEARD Act when Sen. Murray introduced it. Harassment of any kind has noplace in our workplaces, and as president I will fight to sign the BE HEARD Act into law.

14. As President will you use your executive authority to ensure that transgender and nonbinary people who rely on the state for medical care — including those in prison andimmigration detention — will have access to comprehensive treatment associated with gendertransition, including all necessary surgical care? If yes, how will you do so?
Yes X No ⬜
Explanation (no more than 500 words): It is important that transgender individuals who relyon the state for care receive the treatment they need, which includes access to treatment
associated with gender transition. That’s why, as Attorney General, I pushed the California
Department of Corrections and Rehabilitation to provide gender transition surgery to state
inmates. I support policies ensuring that federal prisoners and detainees are able to obtain
medically necessary care for gender transition, including surgical care, while incarcerated ordetained. Transition treatment is a medical necessity, and I will direct all federal agencies
responsible for providing essential medical care to deliver transition treatment.
Recent presidents have used the CIA to conduct lethal strikes far from any battlefield abroad.
Given that the CIA’s actions are shrouded in secrecy, accountability has suffered. The U.S.
armed forces should be used to fight wars, and the CIA should be focused upon intelligencegathering and analysis.
15. Will you prohibit the CIA through Executive Order from ordering or carrying out
drone
strikes and other uses of force, and instead ensure that such actions reside with the Secretaryof Defense and the military, which are more accountable to Congress and the public?
Yes ⬜ No⬜
Explanation (no more than 500 words): The United States must be accountable andtransparent when it engages in the use of military force, particularly with Congress and theAmerican people. As president, my National Security Council and I will take an active rolein the decision-making around uses of military force and will ensure maximum transparency
about those decisions as appropriate.
There have been repeated attempts at the federal and state level to introduce legislation thatwould restrict the right to boycott, and punish those who participate in political boycotts against
Israel, such as the Boycott, Divestment and Sanctions movement. Regardless of where you standon the issue of BDS, political boycotts are a constitutional right and a fundamental part of freespeech and expression under the First Amendment, which includes the right to protest.

16. Do you oppose legislation that impedes or prohibits political boycotts, including withregard to BDS?
Yes X No ⬜
Explanation (no more than 500 words): I absolutely believe that we must protect the right ofindividuals to engage in political expression as guaranteed under the First Amendment.
That’s why I voted no on S.1 in January 2019, and why I oppose legislation that may beinterpreted as infringing on or impeding constitutionally protected speech. At the same time,
I personally oppose the BDS movement because it questions the legitimacy of Israel, andstrongly support Israel's right to exist as a Jewish state.
One of the primary goals of the disability rights movement is to ensure that every person with adisability can live in the community rather than be segregated into an institution, where theirbasic liberties would be restricted. Mass institutionalization is a legacy of the early twentiethcentury eugenics movement, rooted in a prejudiced assumption that people with disabilities
represented a threat to society and could not safely live in the broader community. Unfortunately,
hundreds of thousands of people with disabilities still languish in institutions and nursing homes,
while hundreds of thousands more sit on waiting lists to access community-based supports.
17. Will you commit to significantly expand the total number of persons with a disability
who
can access home and community-based services, including by making such a commitment a
part of whatever health care proposal you put forward? How will you prioritize this issue?
Yes X No ⬜
Explanation (no more than 500 words): We absolutely need to make sure that people withdisabilities have access to all the services they need. In the context of home care, this means
making sure we have a robust home healthcare workforce and tackling the shortage of homecare workers many communities are facing. That’s why this Congress I am introducing myDomestic Workers Bill of Rights which will strengthen workplace protections and increase
pay for domestic workers, including home care workers. We have to continue to grow thisimportant part of the healthcare field and my bill will be a significant step in the right
direction.

18. The Supreme Court ruled in Carpenter that police must get a warrant when
demanding location information about individuals from a third party, like a phonecompany. Will you commit to directing the Justice Department to apply the Carpenter
ruling requiring a warrant whenever domestic law enforcement officials request sensitive
information about individuals from third parties, like Facebook and Google?
Yes ⬜ No ⬜
Explanation (no more than 500 words): As president, I will appoint an Attorney General who
is committed to following the rule of law, which includes following Supreme Court
precedent, whether it be Carpenter, Roe, or any other decision. As Attorney General of
California, I oversaw the implementation of the California Electronic Communications
Privacy Act (CalECPA) and am committed to making sure that protections regarding
electronic communications are followed in a manner that is consistent with law.

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