Federal prosecutors in Milwaukee are opposing Judge Hannah Dugan’s motion to dismiss charges for allegedly aiding an illegal immigrant in evading Immigration and Customs Enforcement (ICE) agents. The 65-year-old judge, who oversees the Milwaukee Circuit Court, was indicted last month on federal charges of obstruction of proceedings and unlawful concealment of an individual subject to arrest. Her legal team claims she is entitled to judicial immunity, arguing that the federal government overstepped its authority by charging her, thereby violating her constitutional rights and the principle of separation of powers. However, prosecutors have filed a response, emphasizing that the Supreme Court has affirmed that judges are not immune from criminal prosecution.
The case has taken a dramatic turn as new surveillance footage released by Milwaukee County appears to show Dugan confronting ICE agents in the courthouse hallway shortly before allegedly helping the illegal immigrant, Eduardo Flores-Ruiz, exit the building. The footage, which went viral after an open records request, captures the judge in a black robe engaging with ICE agents, which has fueled public debate about the limits of judicial authority. Federal officials allege that Dugan, who is also the judge presiding over Flores-Ruiz’s case, did not merely respond to ICE’s presence but actively directed them to the chief judge’s office while knowing the chief judge was unavailable. As a result, she allegedly escorted the suspect and his attorney out of the courthouse through a non-public exit, effectively shielding him from arrest.
Prosecutors have emphasized that Dugan’s actions were not a response to ICE’s presence but rather an orchestrated effort to obstruct federal law enforcement. They argue that the judge’s decision to pause an unrelated case, disrupt proceedings in another courtroom, and confront agents in a public hallway constitutes a clear violation of her duties as a state judge. The indictment accuses Dugan of falsely telling federal officials that they required a judicial warrant to enter her courtroom during a scheduled appearance by Flores-Ruiz, an undocumented Mexican national facing domestic abuse charges. According to the Justice Department’s filing, Dugan’s actions were a direct attempt to defy federal immigration law, and the case highlights the growing tensions between local judicial authority and federal immigration enforcement.
Despite the legal battle, Dugan has maintained her position that she has the right to judicial immunity, which her defense argues is a fundamental principle of separation of powers. Her attorneys claim that the DOJ’s indictment is an