A Wisconsin judge accused of aiding an undocumented immigrant to avoid detention by U.S. immigration agents at her courthouse has moved to dismiss the case, arguing it lacks legal foundation.
Lawyers representing Milwaukee County Circuit Judge Hannah Dugan claim in their motion that her actions merely involved managing movements within her courtroom, actions for which she has judicial immunity. They reference a U.S. Supreme Court decision from last year concerning President Donald Trump’s 2020 election interference probe, highlighting that former presidents receive absolute immunity for official acts within their constitutional authority and are generally presumed to have immunity for all official duties.
“The issues with the prosecution are numerous, but primarily, the government can’t charge Judge Dugan because she is protected by judicial immunity regarding her official actions,” states the motion. “This immunity serves as a complete barrier to a prosecution at the outset, rather than a defense to be evaluated later by a jury or court.”
The judge overseeing her case is Lynn Adelman, a former Democratic state senator. Former President Bill Clinton appointed him to the bench in 1997.
A spokesperson for the U.S. attorney’s office in Milwaukee didn’t immediately respond to an email seeking comment.
Federal prosecutors charged Dugan in April with obstruction and concealing an individual to prevent arrest. A grand jury indicted her on the same charges on Tuesday. She faces up to six years in prison if convicted of both counts.
Her attorneys insist Dugan is innocent. She’s expected to enter a not guilty plea at her arraignment Thursday.
Dugan’s arrest has escalated a clash between the Trump administration and Democrats over the Republican president’s sweeping immigration crackdown. Democrats contend that Dugan’s arrest went too far and that the administration is trying to make an example out of her to discourage judicial opposition to the crackdown.
Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.
According to prosecutors, Eduardo Flores-Ruiz illegally reentered the U.S. after being deported in 2013. He was charged in March with misdemeanor domestic violence in Milwaukee County and was in Dugan’s courtroom for a hearing in that case on April 18.
Dugan’s clerk alerted her that immigration agents were in the courthouse looking to arrest Flores-Ruiz, prosecutors allege in court documents. According to an affidavit, Dugan became visibly angry at the agents’ arrival and called the situation “absurd.” After discussing the warrant for Flores-Ruiz’s arrest with the agents, Dugan demanded that they speak with the chief judge and led them away from the courtroom.
She then returned to the courtroom, was heard saying something to the effect of “wait, come with me,” and then showed Flores-Ruiz and his attorney out a back door, the affidavit says. The immigration agents eventually detained Flores-Ruiz outside the building following a foot chase.
Dugan’s dismissal motion also accuses the federal government of violating Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.
“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.
The state Supreme Court suspended Dugan from the bench last month, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.
