Dan McFadden
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danmcfadden.bsky.social
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.
Reposted by Dan McFadden
NEW: Federal judges are increasingly furious at what they see as a pattern / playbook of defiance by the Trump administration to court orders in immigration cases — in Minnesota and around the country.

Here’s a look at what they’re seeing: www.politico.com/news/2026/02...
How the Trump administration skirts — and defies — court rulings on ICE detentions
A POLITICO review of hundreds of cases brought by ICE detainees shows a pattern of noncompliance that has frustrated judges across the country.
www.politico.com
February 10, 2026 at 11:15 AM
Reposted by Dan McFadden
BONUS RULING: Judge Thomas Johnston, a George W. Bush appoiintee in West Virginia, used a recent ruling to warn of the dangers of defying due process for immigrants because of what it could also mean for Americans. It's worth a read.

storage.courtlistener.com/recap/gov.us...
February 10, 2026 at 11:48 AM
"No person shall be . . . deprived of . . . liberty . . . without due process of law." U.S. Const. Amend. V.

Jailing people arrested inside the United States without a detention hearing based solely on DHS's accusations in a civil proceeding can't possibly meet Fifth Amendment standards.
February 7, 2026 at 6:34 PM
I wrote about similar 1A issues for disciplining IRR members for speech, although now many years ago.
A First Amendment Analysis of Military Regulations Restricting the Wearing of Military Uniforms by Members of the Individual Ready Reserve Who Participate in Politically Themed Theatrical Productions ...
bclawreview.bc.edu
January 5, 2026 at 4:39 PM
"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
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
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.
June 7, 2025 at 6:44 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.
May 14, 2025 at 6:23 PM