A federal magistrate judge has recently recommended that the case against a Wisconsin judge move forward. This judge, Hannah Dugan, has been accused of assisting a man in the country illegally to evade U.S. immigration agents at her courthouse.
Dugan, who serves in Milwaukee County Circuit Court, was arrested in April and charged federally in May. She has pleaded not guilty to the charges. This case stands out as it highlights the ongoing conflict between local authorities and the federal government regarding immigration enforcement.
Supporters of Dugan argue that the federal government is trying to make an example out of her to deter judges who might oppose federal immigration policies. Dugan’s legal team filed a motion in May seeking to have the charges dropped, claiming that she was acting within her judicial role and should therefore have immunity from prosecution. They further assert that this federal intervention undermines Wisconsin’s rights to govern its own court system.
The magistrate judge, Nancy Joseph, disagreed with the request to dismiss the charges, indicating that while judges generally have immunity from civil lawsuits, this does not extend to criminal charges. She emphasized that if a judge violates criminal laws, they can be prosecuted.
Dugan’s defense also argues that the prosecution infringes on the separation of powers outlined in the U.S. Constitution, suggesting that it disrupts Wisconsin’s authority to manage its own judicial matters. The case’s factual disputes between both sides, which cannot be resolved in a pre-trial motion to dismiss, will ultimately be for a jury to decide.
Joseph clarified that her recommendation does not speak to the truth of the allegations against Dugan. “Dugan is presumed innocent until proven guilty,” she stated.
Currently, no trial date has been set. Dugan faces serious charges, including a misdemeanor for concealing an individual to prevent arrest and a felony for obstruction. Prosecutors allege that she helped a man, Eduardo Flores-Ruiz, exit through a back door after realizing that immigration agents were present to arrest him. Following a short chase, Ruiz was apprehended outside the courthouse.
If found guilty, Dugan could face up to six years in prison and a hefty fine. Her situation echoes a similar case from the previous Trump administration involving a Massachusetts judge accused of aiding an illegal immigrant in evading immigration officials, which was ultimately dismissed.
