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Jared

@jaredmcclain.bsky.social

Civil Rights Lawyer “Crusading against government officials and the immunity doctrines that protect them." -St. Tammany Parrish Sheriff's Office Contractually obligated to say that my opinions are my own

1,663 Followers  |  1,008 Following  |  706 Posts  |  Joined: 23.05.2023  |  2.6868

Latest posts by jaredmcclain.bsky.social on Bluesky

Much like our case in Alabama, though, the fact that they let her go after they ran her ID shows that they didn't detain her for the reason they're now saying.

04.12.2025 20:08 — 👍 2    🔁 0    💬 1    📌 0

In DC at least, local PD would make an initial pretextual stop and then let DHS check immigration status/make arrests while they took their time writing tickets. So if local PD were there to justify the initial stop, the law would function like typical traffic stop.

04.12.2025 20:06 — 👍 1    🔁 0    💬 1    📌 0

Weren’t the CBs to accomplish that. Slow thinking, slow movement, causal passing.

03.12.2025 22:01 — 👍 1    🔁 0    💬 0    📌 0

I would take Josh’s inexperience every single time over the plodding passing and thinking we had to watch today

03.12.2025 21:54 — 👍 1    🔁 0    💬 0    📌 0
Preview
US: ICE Arrest at FIFA Event Spotlights Dangers for World Cup The arrest and return of an asylum seeker who took his children to the Club World Cup soccer tournament final on July 13, 2025, raises serious concerns about the safety of noncitizens attending the 20...

The arrest and return of an asylum seeker who took his children to the Club World Cup soccer tournament final on July 13, 2025, raises serious concerns about the safety of noncitizens attending the 2026 World Cup in the United States: www.hrw.org/news/2025/12...

03.12.2025 14:59 — 👍 11    🔁 13    💬 1    📌 4

i strongly, strongly believe that good writing is downstream of clear thinking and a strong understanding of the subject matter at hand. without fail, tortured writing comes from writers who don’t know and can’t think clearly about anything.

03.12.2025 16:14 — 👍 5920    🔁 663    💬 190    📌 99

Not posting my Spotify Wrapped because I’m concerned my taste is too good and it will intimidate people

03.12.2025 16:37 — 👍 27    🔁 4    💬 0    📌 0

Right. And it wasn’t just a slip of the tongue. They’ve said repeatedly they only need reasonable suspicion (and that “looking” undocumented is reasonable suspicion. And Bovino specifically said “you’ll notice I did not say probable cause.”

03.12.2025 16:32 — 👍 2    🔁 0    💬 1    📌 0

This decision is a big deal because one of the things that defeats probable cause is community ties.

That means it’s going to be much harder to snatch up people with established lives here.

One decision can’t help everyone, but this will help a lot.

03.12.2025 03:23 — 👍 205    🔁 52    💬 1    📌 1

This decision is a big deal because one of the things that defeats probable cause is community ties.

That means it’s going to be much harder to snatch up people with established lives here.

One decision can’t help everyone, but this will help a lot.

03.12.2025 03:23 — 👍 205    🔁 52    💬 1    📌 1
These statements are just some examples, of many, illustrating the finality of defendants'
recent policy of making warrantless arrests under a standard lower than probable cause. See also,
e.g., Widas Decl., Ex. 22 (White House official, Stephen Miller, quoted as instructing ICE to stop developing target lists of immigrants and to instead "just go out there" and arrest people right away at Home Depots or 7-Elevens)*; id., Ex. 23 (quoting statement from Acting Executive Associate
Director of ICE Enforcement and Removal Operations telling his agents to "turn up the creative
knob up to 11 and push the envelope," and another statement from a senior ICE official telling agents, "If it involves handcuffs on wrists, it's probably worth pursuing").38 In fact, when a former-acting U.S. Attorney for the Eastern District of California told Bovino that he could not make civil immigration arrests without probable cause, she reportedly was fired. Id., Ex. 16.39
Tellingly, neither defendants' briefs nor their declarations disavowed these public
statements. When questioned at the hearing, government counsel's principal defense was that
"these statements [were made] by non-attorneys" who "don't necessarily understand" "legal terms
of art like "reasonable suspicion, [and] probable cause." Hr'g Tr. at 63:15-19. This is a remarkable assertion. On its face, the government's defense appears to be that the individuals behind these statements are ignorant or incompetent, or both. These statements, however, were
made by high-ranking officials including Secretary Noem's principal communications advisor and a Chief Border Patrol Agent-in their official capacity to the press, on DHS's official website, and on DHS's official social media account. The Chief Border Patrol Agent, in fact, made clear

These statements are just some examples, of many, illustrating the finality of defendants' recent policy of making warrantless arrests under a standard lower than probable cause. See also, e.g., Widas Decl., Ex. 22 (White House official, Stephen Miller, quoted as instructing ICE to stop developing target lists of immigrants and to instead "just go out there" and arrest people right away at Home Depots or 7-Elevens)*; id., Ex. 23 (quoting statement from Acting Executive Associate Director of ICE Enforcement and Removal Operations telling his agents to "turn up the creative knob up to 11 and push the envelope," and another statement from a senior ICE official telling agents, "If it involves handcuffs on wrists, it's probably worth pursuing").38 In fact, when a former-acting U.S. Attorney for the Eastern District of California told Bovino that he could not make civil immigration arrests without probable cause, she reportedly was fired. Id., Ex. 16.39 Tellingly, neither defendants' briefs nor their declarations disavowed these public statements. When questioned at the hearing, government counsel's principal defense was that "these statements [were made] by non-attorneys" who "don't necessarily understand" "legal terms of art like "reasonable suspicion, [and] probable cause." Hr'g Tr. at 63:15-19. This is a remarkable assertion. On its face, the government's defense appears to be that the individuals behind these statements are ignorant or incompetent, or both. These statements, however, were made by high-ranking officials including Secretary Noem's principal communications advisor and a Chief Border Patrol Agent-in their official capacity to the press, on DHS's official website, and on DHS's official social media account. The Chief Border Patrol Agent, in fact, made clear

And the team at Covington I should have mentioned too.

Here’s a nice clip of Howell holding the government responsible for its public commentary.

DHS made the same sorts of comments in response to our suit.

03.12.2025 03:17 — 👍 43    🔁 9    💬 2    📌 0
Case 1:25-cv-03417-BAH Document 68
Filed 12/02/25 Page 4 of 88
For the reasons discussed below, plaintiffs' motion to enjoin preliminarily defendants from
continuing any policy or practice of conducting warrantless civil immigration arrests in the District
without making individualized probable cause determinations as to each arrestee's risk of escape,
as required by 8 U.S.C. § 1357(a)(2), is granted, and a final decision on the requested certification of a class and both subclasses will be reserved for a later time. Defendants are preliminarily enjoined from enforcing their policy of conducting warrantless civil immigration arrests without
probable cause to believe that the arrestee is likely to escape before an administrative warrant can
be obtained; and only plaintiffs' proposed Unassessed Escape Risk Class is provisionally
certified.

Case 1:25-cv-03417-BAH Document 68 Filed 12/02/25 Page 4 of 88 For the reasons discussed below, plaintiffs' motion to enjoin preliminarily defendants from continuing any policy or practice of conducting warrantless civil immigration arrests in the District without making individualized probable cause determinations as to each arrestee's risk of escape, as required by 8 U.S.C. § 1357(a)(2), is granted, and a final decision on the requested certification of a class and both subclasses will be reserved for a later time. Defendants are preliminarily enjoined from enforcing their policy of conducting warrantless civil immigration arrests without probable cause to believe that the arrestee is likely to escape before an administrative warrant can be obtained; and only plaintiffs' proposed Unassessed Escape Risk Class is provisionally certified.

Judge Howell just enjoined warrantless immigration arrests in DC without probable cause to believe the person is a flight risk.

Great work by ACLU and Amica

www.courtlistener.com/docket/71452...

03.12.2025 02:31 — 👍 680    🔁 163    💬 1    📌 8

Like Peewee Herman searching for the basement of the Alamo

03.12.2025 00:46 — 👍 1    🔁 0    💬 0    📌 0

This is incredibly sad and avoidable.

While their deployment coincided with the lawless and violent immigration enforcement here, the national guard has mostly just seemed like groups of bored, friendly kids standing around in fatigues for no reason (other than a political stunt).

26.11.2025 21:05 — 👍 9    🔁 2    💬 0    📌 0
Applications now open: Dave Kennedy Fellowships for Summer 2026

Applications now open: Dave Kennedy Fellowships for Summer 2026

Come work with me and learn how to sue over the stories that make you mad online.

ij.org/careers/

26.11.2025 18:12 — 👍 2    🔁 0    💬 0    📌 0

especially since Neto is being brought on to do the thing Delap is supposed to bring to the front line

25.11.2025 20:01 — 👍 2    🔁 0    💬 0    📌 0

Ironically tho most of Neto’s good games have come up top (which says more about his usefulness out wide, but still)

25.11.2025 19:55 — 👍 1    🔁 0    💬 1    📌 0

This is called “chain refoulment” and it’s illegal under both U.S. and international law. And the State Department and ICE know very well what Ghana is doing and simply don’t care.

25.11.2025 19:30 — 👍 6432    🔁 2726    💬 115    📌 49

Finally got the chance to start We Had It Coming. Each story feels like a gift. Twenty-five pages in I was already anxious about finishing it too quickly.

25.11.2025 18:29 — 👍 9    🔁 2    💬 1    📌 0
Video thumbnail

ICE deported a woman who owned a home in the US for 30 years. A judge banned ICE from deporting her to Sierra Leone where she had been tortured, so it deported her to Ghana, which kidnapped her and sent her back Sierra Leone anyway. ICE is part of this illegal conspiracy.

25.11.2025 16:40 — 👍 13348    🔁 6372    💬 471    📌 515

The vast majority of Americans are mad about being refused pierogi service on Martha’s Vineyard

25.11.2025 17:40 — 👍 7    🔁 0    💬 0    📌 0
Preview
Lawmakers question legality of Border Patrol license plate reader program Democratic lawmakers are questioning the legality of a U.S. Border Patrol program that uses predictive intelligence to detain drivers for suspicious travel. Sen.

After @apnews.com and @ij.org worked together to expose CBP’s unconstitutional mass surveillance, @markey.senate.gov, @markwarner.bsky.social and @repdangoldman.bsky.social are questioning the legality of the program.
apnews.com/article/bord...

25.11.2025 16:53 — 👍 7    🔁 2    💬 1    📌 0

A few years ago we sued over an illegal traffic stop in Texas. What we found in discovery was somehow even worse than what we expected.

Our new video shows what we found: Pretextual drug-interdiction stops are violating people's rights every day.

www.youtube.com/watch?v=ChIr...

24.11.2025 15:11 — 👍 12    🔁 6    💬 0    📌 0

If you know whose sign they stole, I'd love to talk to them.

24.11.2025 15:14 — 👍 6    🔁 2    💬 2    📌 0

A few years ago we sued over an illegal traffic stop in Texas. What we found in discovery was somehow even worse than what we expected.

Our new video shows what we found: Pretextual drug-interdiction stops are violating people's rights every day.

www.youtube.com/watch?v=ChIr...

24.11.2025 15:11 — 👍 12    🔁 6    💬 0    📌 0

Violating the First Amendment to hide the record of all their violations of the Fourth Amendment.

24.11.2025 14:55 — 👍 826    🔁 228    💬 16    📌 3

Before we sued over the construction site raids in Alabama, we talked to contractors who’ve lost business because their colleagues were kidnapped, and they said the same thing:

They’re just trying to make ends meet. The raids are unpleasant, but they’re someone else’s problem.

24.11.2025 14:48 — 👍 4    🔁 0    💬 0    📌 0

yet another case of U.S. Citizens arrested by immigration agents on serious charges — then the government drops those charges

A common trait in many cases of citizens detained by immigration agents that @propublica.org reviewed

www.propublica.org/article/immi...

21.11.2025 19:44 — 👍 340    🔁 107    💬 5    📌 3

Cops not bothering to identify the person they're arresting is, unsurprisingly, a running theme in our mistaken-identity cases.

Given how much leniency courts give cops to make "reasonable" mistakes, you're lucky if their mistake only costs you a few hours.

www.youtube.com/watch?v=3J6S...

21.11.2025 17:24 — 👍 3    🔁 1    💬 0    📌 0
Post image

This stuff is just unspeakably horrible. These are not the facts you want to see, if you are the government.

21.11.2025 01:10 — 👍 26    🔁 9    💬 1    📌 0

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