Harris ACLU questionnaire shows she supported gender transition surgeries for detained migrants, defunding ICE


A resurfaced American Civil Liberties Union questionnaire from when Kamala Harris was running for president in 2019 has revealed that she supports gender transition surgeries for detained migrants and that she wants to slash funding from U.S. Immigration and Customs Enforcement (ICE). 

The document, which was first reported on by CNN, also asks then-Sen. Harris for her views on topics such as the U.S. prison system, D.C. statehood, abortion access and the decriminalization of drugs. 

“The Vice President’s positions have been shaped by three years of effective governance as part of the Biden-Harris Administration,” a Harris campaign adviser told Fox News this week when asked about her responses. 

Harris had written in the document that “Our immigrant detention system is out of control, and I believe we must end the unfair incarceration of thousands of individuals, families and children. 

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Kamala Harris 2019

Then-Sen. Kamala Harris, D-Calif., speaks to members of the media at her alma mater, Howard University, on Jan. 21, 2019 in Washington, following her announcement that she would run for president that year.  (AP/Manuel Balce Ceneta)

“I was one of the first Senators after President Trump was elected to advocate for a decrease in funding to ICE. I have led efforts to urge the Senate Appropriations Committee to decrease 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 the construction or expansion of new facilities,” she said. 

When asked by the ACLU if “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 and immigration detention — will have access to comprehensive treatment associated with gender transition, including all necessary surgical care?,” Harris responded yes. 

“It is important that transgender individuals who rely on 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,” Harris wrote. 

“I support policies ensuring that federal prisoners and detainees are able to obtain medically necessary care for gender transition, including surgical care, while incarcerated or detained. Transition treatment is a medical necessity, and I will direct all federal agencies responsible for providing essential medical care to deliver transition treatment,” she added. 

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Democratic presidential nominee Vice President Kamala Harris greets people after speaking during a campaign stop at the Throwback Brewery, in North Hampton, N.H., on Wednesday, Sept. 4. (AP/Steven Senne)

Harris also indicated to the ACLU in 2019 that she would commit to ending the use of ICE detainers. 

“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,” she said. 

When the ACLU asked Harris “Since drug use is better addressed as a public health issue (through treatment and other programming), will you support the decriminalization at the federal level of all drug possession for personal use?,” she also responded yes. 

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Harris wrote in the ACLU document that she supports defunding ICE. (Alex Wong/Getty Images)

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“Throughout my career I have supported treating drug addiction as a public health issue, focusing on rehabilitation over incarceration for drug-related offenses,” Harris said in her response. 



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