Emily
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Emily
@paintedtigers.bsky.social
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danielsuitor.com
Judge Blackwell continues:

"Having what you feel are too many detainees, too
many cases, too many deadlines, and not enough
infrastructure to keep up with it all, is not a defense to
continued detention. If anything, it ought to be a warning
sign."
The Government makes the point that some of the attorneys currently are under extraordinary strain, and you are obviously telling that to this Court understanding that the operation that explains this process is not an operation that is driven by the Federal Courts. I do accept that Operation Metro Surge has generated a volume of arrests and detentions that has taxed existing systems, staffing, and coordination between DOJ and the DHS. I read that in your papers. I understand that. I also don't have any reason to take issue at this time that individual attorneys, including those appearing here, are working in good faith and under difficult circumstances. But those facts, even taken as true, do not answer the legal problem that it presents for this Court. If the Government undertakes an enforcement operation of this scale, one that results in the detention of large numbers of people, including individuals who are lawfully present in the United States, then the Government assumes a corresponding obligation to ensure that each detention complies with the Constitution and with court orders governing release. Volume, that is, the volume of cases and matters, is not a justification for diluting constitutional rights and it never can be. It heightens the need for care Having what you feel are too many detainees, too many cases, too many deadlines, and not enough infrastructure to keep up with it all, is not a defense to continued detention. If anything, it ought to be a warning sign. But what you cannot do is to detain first and then sort out lawful authority later. Continued detention is not lawful just because compliance with release orders is administratively difficult or because an operation has expanded beyond the Government's capacity to execute it lawfully. detailed release requirements are the source of the problem. In many instances, I have had to not just issue an order, but another order, another order, another order, about 7 or 8 different touches sent to the Government simply asking for the date, time, and location of the release of someone who was ordered released, in many instances, a week or more in the past. And why that is so difficult, I cannot understand, because there's obviously a person associated with the Government who is going to the detainee to release him or her. You have their name. You can carry with you a form. The name is on it. Just write the time on it and send it to the DOJ. That cannot be a reason, a source for this problem of the noncompliance because that's too easy to fix, and I don't even work for the Executive Branch. But the requirements that the Court has in place exist because individuals were being detained without lawful authority, they were being transferred contrary to orders, or released in ways that undermine the relief that was granted by the Court.
February 4, 2026 at 8:36 PM
paintedtigers.bsky.social
My sweet girl Shiloh!
Brindle Staffordshire terrier sitting on a lounge chair enjoying the sun Brindle Staffordshire terrier incredibly curled up on herself
February 3, 2026 at 7:09 PM
paintedtigers.bsky.social
Damn, 51 tickets sold for the first showing at AMC Southdale, that was disappointing to see. It did taper off quite a bit after that though.
January 29, 2026 at 1:45 AM
paintedtigers.bsky.social
I somehow did not expect this to make me cry as much as it did 😭
January 28, 2026 at 7:42 PM