A judge in Wisconsin facing criminal charges for allegedly trying to help a man in the U.S. without legal immigration status is seeking to have her case dismissed. On Wednesday, May 14, lawyers for Milwaukee County Circuit Judge Hannah Dugan responded to the charges by filing a motion to dismiss, claiming there is no legal basis for prosecuting her.
Her lawyers argue that it is extremely rare — if not unheard of — for a judge to be prosecuted for this type of action. In court documents, Dugan’s legal team argues that the federal government is overstepping its authority by charging a state judge for actions allegedly taken as part of her judicial duties.
“The problems with this prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts,” the motion reads. “Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset.”
Citing presidential immunity case
Her legal team cites Trump v. United States, in which the U.S. Supreme Court ruled that if a president performs actions within their constitutional powers, they cannot be prosecuted for those actions, even after leaving office.
Dugan’s motion further claims the federal government overstepped its bounds and infringed on Wisconsin’s rights as a state. “The government’s prosecution here reaches directly into a state courthouse, disrupting active proceedings, and interferes with the official duties of an elected judge,” the motion states.
Federal charges and arrest
Federal agents arrested Dugan on April 25. A federal grand jury later indicted her on charges of obstruction and concealing an individual.
The charges stem from allegations that she assisted Eduardo Flores-Ruiz, a migrant residing in the U.S. illegally, when he evaded arrest by U.S. Immigration and Customs Enforcement (ICE) agents during a court appearance. Dugan allegedly instructed him to exit the courthouse via a side entrance typically used for employees. ICE eventually caught Flores-Ruiz.
Immigration enforcement tensions
The case highlights ongoing tensions between local officials and the federal government regarding immigration enforcement. Critics argue that ICE arrests in courthouses deter immigrants from seeking justice or protection through the legal system.
Federal authorities, including the FBI and the U.S. Attorney’s Office, defend courthouse arrests, stating that they provide a safe, controlled environment that minimizes risk during detentions.
To maintain public trust in the judicial system, the Wisconsin Supreme Court suspended Judge Dugan.
