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Michael Kagan

@michaelgkagan.bsky.social

4.1K followers 390 following 1.7K posts

behindtheborder.substack.com

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Michael Kagan @michaelgkagan.bsky.social · Aug 18

My book, with a new afterword reflecting on COVID, the Biden years and the return of Trump, is out in paperback. Get your copy.

open.substack.com/pub/behindth...

The Battle To Stay in America

Now out in paperback, with a new afterword

open.substack.com

Michael Kagan @michaelgkagan.bsky.social · 9h

Flags should be at half mast www.nytimes.com/2025/10/07/d...

Saul Zabar, Smoked Fish Czar of Upper West Side, Dies at 97

www.nytimes.com

Michael Kagan @michaelgkagan.bsky.social · 21h

Just a question of what kind of transformation

Aaron Rupar @atrupar.com · 21h

"You are a transformative president" -- I regret to inform you that Mark Carney is kissing Trump's ass

Michael Kagan @michaelgkagan.bsky.social · 21h

Good lede

newrepublic.com/article/2013...

Why This Essay Could Cause the University of Virginia to Shut Down

How Linda McMahon’s latest “compact” would do deep and permanent harm to American higher education

newrepublic.com

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Reposted by Michael Kagan

Julia Rose Kraut @juliarosekraut.bsky.social · 1d

While a law known as the Posse Comitatus Act generally forbids the use of the armed forces for law enforcement purposes, another law called the Insurrection Act creates an exception. Mr. Trump would invoke the Insurrection Act at the border, enabling the use of federal troops to apprehend migrants, Mr. Miller said.

“Bottom line,” he said, “President Trump will do whatever it takes.”

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Reposted by Michael Kagan

Daniel Naujoks @danielnaujoks.bsky.social · 2d

Everyone interested in Trump’s autocratic overreach to silence universities must read this great explainer of the new “deal” Trump offered to 9 universities.
It’s nothing but unlawful extortion. It’s scary—but it’s vital we are all aware of what is happening.
balkin.blogspot.com/2025/10/the-...

The Art of Replacing the Law with the Deal

This week, the Trump Administration attempted to make universities an offer we can’t refuse. With great fanfare, the administration announce...

balkin.blogspot.com

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Michael Kagan @michaelgkagan.bsky.social · 2d

There is a word for this kind of authoritarianism and if starts with a F

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joan @joanbybike.bsky.social · 2d

Smoke in Portland is coming from two things: folks barbecuing on a beautiful fall day, and feds aggressively teargassing peaceful protesters at the ICE building

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Michael Kagan @michaelgkagan.bsky.social · 2d

Hey @joanbybike.bsky.social in Portland! Is it burning to the ground?

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Pema Levy @pemalevy.bsky.social · 4d

Is this a Kavanaugh stop?

"Rodrick Johnson, 67...detained by federal agents during the South Shore raid. A U.S. citizen, he said agents broke through his door and dragged him out in zip ties.

Johnson said he was left tied up outside the building for nearly three hours"

Preorder Read This When Things Fall Apart @mskellymhayes.bsky.social · 5d

"Jones, 27, is among the residents left at 7500 S. South Shore Drive who are trying to piece together what remains after an early morning, high-powered federal immigration raid led to the arrests of dozens of their neighbors at their South Shore apartment building."

Massive immigration raid on Chicago apartment building leaves residents reeling: 'I feel defeated'

The Department of Homeland Security said federal agents with Border Patrol, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested 37 people in the raid.

chicago.suntimes.com

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Reposted by Michael Kagan

Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 3d

Jesus Christ. DHS has held this guy in the hospital handcuffed to a bed and under constant guard for over a MONTH without ANY warrant or even ANY steps taken towards putting him into the removal system!

Petitioner’s counsel has requested documentation of a judicial warrant for his arrest, any charging documents, or other authority supporting his detention. See Santiago Decl. ¶¶ 18–20. ICE has provided no response. Id. To date, ICE has not placed Petitioner in removal proceedings, charged him with violating immigration law, set bond, issued a Notice to Appear, or otherwise processed him. See Pet. ¶¶ 16, 49. In Respondent’s Opposition brief, the government states “ICE intends to take further action consistent with the laws prescribed under the Immigration and Nationality Act (“INA”) once Petitioner is released from medical care and it can conduct the examination as [prescribed] in 8 C.F.R § 287.3.” Opp. at 4. Neither Petitioner nor Respondents have provided the Court with information about Petitioner’s citizenship, whether he has violated any law or regulation, or any information that would suggest that Petitioner is a flight risk.

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Ian Bassin @ianbassin.bsky.social · 3d

Breaking: Trump-appointed federal judge issues temporary restraining order against Federalized deployment of National Guard in Oregon.

Judge: “this is a nation of Constitutional law, not martial law.”

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Michael Kagan @michaelgkagan.bsky.social · 3d

But #2 only happens if you have vigorous legal representation.

Michael Kagan @michaelgkagan.bsky.social · 3d

#2 is esp. interesting. When ICE does non-targeted arrests, they should have to somehow prove that the person is actually removable. If that’s via papers or questioning that are the result of of a 4th A violation, that’s most a regulatory and a constitutional violation and can lead to suppression.

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Michael Kagan @michaelgkagan.bsky.social · 3d

In entirely legal terms, it seems like this could be hashed out in 2-4 main ways:
1) Section 1983 lawsuit(s)
2) Vigorous deportation defense involving a motion to suppress
3) Motion to suppress in a criminal proceeding (if any)
4) In a creative habeas petition

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Felipe De La Hoz @felipedlh.bsky.social · 3d

Maybe I’m missing something here but has anyone written about what we know re: Fourth Amendment issues here? As far as I’m aware you cannot get a criminal warrant for an entire residential building, and you certainly cannot use an immigration warrant to break down someone’s door. What’s the basis?

Ted Hesson @tedhesson.bsky.social · 4d

US Border Patrol raid sweeps in citizens, families as Chicago crackdown intensifies, w/ @reneehickman.bsky.social @kristinacooke.bsky.social www.reuters.com/world/us/us-...

US Border Patrol raid sweeps in citizens, families as Chicago crackdown intensifies

U.S. Border Patrol agents deployed to Chicago led a late-night raid on an apartment building this week, rappelling from helicopters onto rooftops and breaking down doors in an operation authorities said targeted gang members but which swept up U.S. citizens and families.

www.reuters.com

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Michael Kagan @michaelgkagan.bsky.social · 3d

Everything is fine

Reposted by Michael Kagan

Kat Abughazaleh @katmabu.bsky.social · 4d

wow I wonder why my entire body was in the air in the first place

Meatball Rob @wrenispinkle.bsky.social · 4d

Absolutely INSANE use of passive voice in this CNN piece

just incredible

@katmabu.bsky.social “landed on the ground” during the protest???

At least one other person, who identified herself on social media as Kat Abughazaleh, a former journalist also running for Congress, landed on the ground during that same protest after she was pushed by a federal law enforcement agent in a camouflage uniform wearing a full face covering, sunglasses and a helmet, video by CNN affiliate WBBM showed.

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Chris Geidner @chrisgeidner.bsky.social · 4d

"This is not law. It is a spell, announced by a phantom."

Tonight at Law Dork, my look at today's SCOTUS order:

Supreme Court lets Noem end legal status for many Venezuelans in the U.S.

The majority gave virtually no reasoning. The Democratic appointees objected, but only Justice Jackson wrote: "[Y]et another grave misuse of our emergency docket."

www.lawdork.com

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The Man Who Would Be Damn Hell Ass Pumpkin King @weirdnoirmaster.bsky.social · 4d

There is so much power in just ignoring Republican framing and making clear statements of values

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Michael Kagan @michaelgkagan.bsky.social · 5d

I have practical misgivings about these apps, but they are unquestionably free speech. If you’ve ever been warned of a speed trap on Waze or Google Maps, you’ve used something similar. www.nytimes.com/2025/10/02/u...

Apple Takes Down ICE Tracking Apps Amid Trump Pressure Campaign

www.nytimes.com

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Reposted by Michael Kagan

David Bier @davidjbier.bsky.social · 5d

Holy hell. DHS just openly stated that its agents use “reasonable suspicion” to make ARRESTS. This is blatantly unconstitutional. The Supreme Court is clear that you need probable cause to arrest someone, as opposed to stop them to ask them a question or two. This is huge b/c…

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Michael Kagan @michaelgkagan.bsky.social · 5d

I just want to note that on mass deportation Trump was quite explicit about much of what he plan to, and has done. Most political media still neglected the issue during the 2024 election.

Parker Butler @parkerbutler.bsky.social · 5d

Last year, CNN ran a “fact check” of Kamala HQ that claimed we were lying for saying Trump’s plan is Project 2025.

Now Trump is outright admitting it’s his plan.

Legacy media failed the country.

Reposted by Michael Kagan

Parker Butler @parkerbutler.bsky.social · 5d

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Ilya Somin @ilyasomin.bsky.social · 5d

5th Circuit will review Trump's invocation of Alien Enemies Act (which can only be used in war, invasion, or predatory incursion) en banc. I filed amicus brief in this case on behalf of @brennancenter.org & @cato.org. I review dangerous implications of Trump position here: reason.com/volokh/2025/...

Fifth Circuit Will Rehear Alien Enemies Act Case En Banc

It will review a panel decision holding that Trump could not invoke this sweeping wartime authority by claiming illegal migration and drug smuggling qualify as an "invasion."

reason.com

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Michael Kagan @michaelgkagan.bsky.social · 6d

A Kavanaugh raid chicago.suntimes.com/immigration/...

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