A federal magistrate judge has recommended that the case against Milwaukee County Circuit Judge Hannah Dugan—accused of helping an illegal immigrant evade ICE agents—should move forward, despite Dugan’s claims of judicial immunity.
Judge Allegedly Helped Migrant Evade Arrest
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Judge Hannah Dugan allegedly allowed Eduardo Flores-Ruiz, a 31-year-old undocumented immigrant, to exit a Milwaukee courtroom through a restricted back door, avoiding Immigration and Customs Enforcement (ICE) officers waiting outside. Dugan reportedly confronted the ICE agents and insisted they needed a warrant to arrest him inside her courtroom.
Federal prosecutors charged her with obstruction of justice and concealing a person to prevent arrest. If convicted, she faces up to six years in prison and a $350,000 fine. Dugan has pleaded not guilty.
Dismissal Motion Denied
Dugan attempted to have the charges dismissed in May, arguing she was acting within her judicial authority and should be protected by immunity. She also claimed that the federal prosecution infringed on Wisconsin’s sovereignty and violated the separation of powers.
But on Monday, U.S. Magistrate Judge Nancy Joseph recommended rejecting that motion, stating:
“A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law.”
Joseph clarified that judicial immunity applies to civil cases, not criminal proceedings like this one. The final decision now rests with U.S. District Judge Lynn Adelman, who may accept or reject the recommendation.
Surveillance Footage Raises Questions
Milwaukee County surveillance video shows Dugan in judicial robes speaking with ICE agents just before she and the defendant’s attorney allegedly guided Flores-Ruiz out a jury door, avoiding arrest. He later fled the scene when agents identified themselves but was captured after a brief chase.
Federal officials said Flores-Ruiz had a prior deportation order and never applied for re-entry into the U.S. He was scheduled to appear in court for three misdemeanor battery charges, including allegedly beating a man and woman so badly that both required hospitalization, according to Attorney General Pam Bondi.
“[He] beat the guy, hit the guy 30 times, knocked him to the ground, choked him, beat up a woman so badly, they both had to go to the hospital,” Bondi stated.
Legal and Political Implications
Dugan’s defense argues that her actions were consistent with judicial discretion and that prosecuting her undermines court independence. Her attorney, Steven Biskupic, expressed disappointment at the recommendation and said they plan to appeal.
“This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts,” Biskupic said.
Dugan, a judge since 2016 and re-elected unopposed in 2022, has a long history with legal aid organizations and previously served as executive director of Catholic Charities.
She is now represented by an elite legal team that includes Paul Clement, a prominent litigator and former U.S. Solicitor General who was once considered for the Supreme Court by President Trump.
What Happens Next?
Judge Adelman will review Judge Joseph’s recommendation and decide whether the case moves forward to trial, where arguments about judicial authority, immigration law, and federal overreach are expected to be at the heart of a high-profile legal showdown.