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Dan McFadden

@danmcfadden

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.

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Latest posts by Dan McFadden @danmcfadden

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Trump’s war on immigrants is ‘absolutely swamping’ the courts. It’s not making anyone safer. - The Boston Globe As the court system buckles, it’s leaving less time and resources for actual justice.

"This is an extraordinary thing for the government to do, to instruct the immigration courts, a component of the [DOJ], to essentially ignore the final declaration of a federal court as to what the law is.”
-- @danmcfadden.bsky.social of @aclum.bsky.social www.bostonglobe.com/2026/03/14/m...

14.03.2026 15:33 👍 27 🔁 8 💬 0 📌 3

So Trump started a war in which it's "easy" for the other side to shoot our very important targets in multiple ways, he has no current plan to fix that, but "hopefully" some other countries will bail him out? That's a pretty devastating confession.

14.03.2026 15:23 👍 21 🔁 1 💬 1 📌 0
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'This place broke something in us': Kids languish in ICE detention long past 20-day court limit The Trump administration has detained more than 900 children — including a boy with severe autism — for longer than allowed under a decades-old legal settlement.

ICE detained a 9-year-old with severe autism and his mom for more than 80 days.

The boy depends on daily therapy, but at Dilley, those supports vanished.

Unable to understand why they couldn’t go home, he would cry through the night and hit himself, his mother told me.

My latest for @nbcnews.com

13.03.2026 12:02 👍 691 🔁 402 💬 14 📌 51
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12.03.2026 18:16 👍 125 🔁 2 💬 2 📌 0

The actual Trump doctrine is having no plan whatsoever for the predictable consequences of their own choices. And then flailing around in a panic. It's no way to run a country.

06.03.2026 12:16 👍 256 🔁 63 💬 8 📌 1

"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.

07.02.2026 18:34 👍 3 🔁 0 💬 0 📌 0
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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 ...

I wrote about similar 1A issues for disciplining IRR members for speech, although now many years ago.

05.01.2026 16:39 👍 22 🔁 4 💬 0 📌 0
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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.

"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."

12.06.2025 01:00 👍 9 🔁 4 💬 0 📌 0

Periodic reminder that the Constitution protects the right to publicly assemble and be heard. "Protest" is not a dirty word.

11.06.2025 10:48 👍 20 🔁 6 💬 0 📌 0

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.

07.06.2025 18:44 👍 21 🔁 4 💬 1 📌 0

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.

14.05.2025 18:23 👍 89 🔁 29 💬 1 📌 0