On Tuesday, a U.S. District judge denied a request from Milwaukee County Judge Hannah Dugan to dismiss accusations that she assisted an undocumented immigrant in evading federal authorities earlier this year.

Dugan was taken into custody in April for allegedly aiding Eduardo Flores-Ruiz to avoid plainclothes Immigration and Customs Enforcement (ICE) agents who were serving him a warrant.

Her defense team claimed that she is protected by judicial immunity for her official actions. They also argued that the federal government exceeded its jurisdiction by arresting and charging her.

The defense team also claimed the charges violate the U.S. Constitution’s 10th Amendment and the principle of separation of powers.

A federal indictment claims Dugan “falsely” informed the agents they required a judicial warrant and directed them to the chief judge’s office. Dugan later handled the case off the record rather than holding the planned hearing. Flores-Ruiz, who is facing three misdemeanor battery charges, was eventually taken into custody despite Dugan’s actions.

Adelman has scheduled a hearing about Dugan’s motion for Sept. 3.

Both federal prosecutors and Dugan’s defense team have said they would like a trial to begin before the end of the year. No trial date has been set.