Dan McFadden
@danmcfadden.bsky.social
Managing Attorney at ACLU of Massachusetts. Former SWO at US Navy.
Posts are my personal opinions and are not attributable to my employer. Posts are not legal advice.
Posts are my personal opinions and are not attributable to my employer. Posts are not legal advice.
Pinned
"Pulling together is the aim of despotism and tyranny. Free men pull in all kinds of directions. It’s the only way to make progress.”
Terry Pratchett, "The Truth" (2000)
Terry Pratchett, "The Truth" (2000)
Judge Mark Wolf served our country for more than 50 years. He is a champion for the rule of law and the public interest. He has resigned to speak out against the Trump Administration's flagrant abuses. Please read what he has to say.
BREAKING: Mark Wolf, appointed to the federal bench by Ronald Reagan, writes that he is resigning as a judge to have the freedom to speak out against the president's assault on the rule of law.
www.theatlantic.com/ideas/2025/1...
www.theatlantic.com/ideas/2025/1...
November 9, 2025 at 4:28 PM
Judge Mark Wolf served our country for more than 50 years. He is a champion for the rule of law and the public interest. He has resigned to speak out against the Trump Administration's flagrant abuses. Please read what he has to say.
"Siri, who was sinking civilian vessels in international waters in 1939?"
November 7, 2025 at 9:57 PM
"Siri, who was sinking civilian vessels in international waters in 1939?"
UPDATE: Yesterday the Court certified the proposed class. Class members' claims can now be resolved collectively. The Court already ruled that the new no-bond policy is likely illegal.
Article here: www.reuters.com/legal/govern...
Read the class cert. order here: www.aclum.org/sites/defaul...
Article here: www.reuters.com/legal/govern...
Read the class cert. order here: www.aclum.org/sites/defaul...
“All people in the United States are entitled to due process — without exception. When the government arrests any person inside the United States, it must be required to prove to a judge that there is an actual reason for the person’s detention.”
ACLU files class-action lawsuit on behalf of detained immigrants denied bond hearings - The Boston Globe
If this unlawful practice does not come to an end, “thousands in Massachusetts will be denied due process,” the lawsuit said.
www.bostonglobe.com
October 31, 2025 at 9:22 PM
UPDATE: Yesterday the Court certified the proposed class. Class members' claims can now be resolved collectively. The Court already ruled that the new no-bond policy is likely illegal.
Article here: www.reuters.com/legal/govern...
Read the class cert. order here: www.aclum.org/sites/defaul...
Article here: www.reuters.com/legal/govern...
Read the class cert. order here: www.aclum.org/sites/defaul...
"Pulling together is the aim of despotism and tyranny. Free men pull in all kinds of directions. It’s the only way to make progress.”
Terry Pratchett, "The Truth" (2000)
Terry Pratchett, "The Truth" (2000)
October 16, 2025 at 12:44 PM
"Pulling together is the aim of despotism and tyranny. Free men pull in all kinds of directions. It’s the only way to make progress.”
Terry Pratchett, "The Truth" (2000)
Terry Pratchett, "The Truth" (2000)
UPDATE: Our client is free and home with his family.
He is free because the Court issued a PI ordering that he receive a bond hearing: www.aclum.org/sites/defaul...
Many other people are still being unlawfully detained without due process. Class certification hearing scheduled for next week.
He is free because the Court issued a PI ordering that he receive a bond hearing: www.aclum.org/sites/defaul...
Many other people are still being unlawfully detained without due process. Class certification hearing scheduled for next week.
October 11, 2025 at 5:53 PM
UPDATE: Our client is free and home with his family.
He is free because the Court issued a PI ordering that he receive a bond hearing: www.aclum.org/sites/defaul...
Many other people are still being unlawfully detained without due process. Class certification hearing scheduled for next week.
He is free because the Court issued a PI ordering that he receive a bond hearing: www.aclum.org/sites/defaul...
Many other people are still being unlawfully detained without due process. Class certification hearing scheduled for next week.
“All people in the United States are entitled to due process — without exception. When the government arrests any person inside the United States, it must be required to prove to a judge that there is an actual reason for the person’s detention.”
ACLU files class-action lawsuit on behalf of detained immigrants denied bond hearings - The Boston Globe
If this unlawful practice does not come to an end, “thousands in Massachusetts will be denied due process,” the lawsuit said.
www.bostonglobe.com
September 24, 2025 at 8:14 PM
“All people in the United States are entitled to due process — without exception. When the government arrests any person inside the United States, it must be required to prove to a judge that there is an actual reason for the person’s detention.”
UPDATE: Our client received a bond hearing as a result of the federal court's order. He was granted bond. He is now released and back home.
He spent more than two months in jail without any due process under the Laken Riley Act. The federal court put a stop to that injustice.
He spent more than two months in jail without any due process under the Laken Riley Act. The federal court put a stop to that injustice.
September 11, 2025 at 10:59 AM
UPDATE: Our client received a bond hearing as a result of the federal court's order. He was granted bond. He is now released and back home.
He spent more than two months in jail without any due process under the Laken Riley Act. The federal court put a stop to that injustice.
He spent more than two months in jail without any due process under the Laken Riley Act. The federal court put a stop to that injustice.
"A force that exists for protection also has the potential to be a dangerous tool for internal repression. Once the door is open to military forces targeting some of the population, that door is very hard to close. When the rule of law becomes the rule of force, no one will be safe."
Trump’s domestic deployment of US armed forces is an alarming abuse of power and affront to democracy - CommonWealth Beacon
For months now, Trump and his minions have been waging a campaign to twist the military into a heavily armed loyalist force.
commonwealthbeacon.org
June 12, 2025 at 1:00 AM
"A force that exists for protection also has the potential to be a dangerous tool for internal repression. Once the door is open to military forces targeting some of the population, that door is very hard to close. When the rule of law becomes the rule of force, no one will be safe."
Periodic reminder that the Constitution protects the right to publicly assemble and be heard. "Protest" is not a dirty word.
June 11, 2025 at 10:48 AM
Periodic reminder that the Constitution protects the right to publicly assemble and be heard. "Protest" is not a dirty word.
Things ICE doesn't tell you:
ICE can usually put somebody in immigration proceedings WITHOUT arresting them.
And if ICE does arrest somebody, ICE usually has discretion to RELEASE the person after booking on conditions and with a court date.
Mass arrests/mass detention is 100% a choice by ICE.
ICE can usually put somebody in immigration proceedings WITHOUT arresting them.
And if ICE does arrest somebody, ICE usually has discretion to RELEASE the person after booking on conditions and with a court date.
Mass arrests/mass detention is 100% a choice by ICE.
June 7, 2025 at 6:44 PM
Things ICE doesn't tell you:
ICE can usually put somebody in immigration proceedings WITHOUT arresting them.
And if ICE does arrest somebody, ICE usually has discretion to RELEASE the person after booking on conditions and with a court date.
Mass arrests/mass detention is 100% a choice by ICE.
ICE can usually put somebody in immigration proceedings WITHOUT arresting them.
And if ICE does arrest somebody, ICE usually has discretion to RELEASE the person after booking on conditions and with a court date.
Mass arrests/mass detention is 100% a choice by ICE.
Habeas corpus is literally the thing that prevents the government from putting anybody they want in jail forever.
This is not an exaggeration. That's literally what it is.
Any threat to suspend habeas is an attack on the rights and physical security of every person in the United States.
This is not an exaggeration. That's literally what it is.
Any threat to suspend habeas is an attack on the rights and physical security of every person in the United States.
May 14, 2025 at 6:23 PM
Habeas corpus is literally the thing that prevents the government from putting anybody they want in jail forever.
This is not an exaggeration. That's literally what it is.
Any threat to suspend habeas is an attack on the rights and physical security of every person in the United States.
This is not an exaggeration. That's literally what it is.
Any threat to suspend habeas is an attack on the rights and physical security of every person in the United States.