Milwaukee Judge Faces Trial for Allegedly Helping Illegal Immigrant Evade ICE
A federal magistrate judge has recommended that the case against Milwaukee County Judge Hannah Dugan proceed, rejecting her claim of judicial immunity. Dugan is accused of assisting an illegal immigrant in evading Immigration and Customs Enforcement (ICE) agents by helping him leave the courthouse through a restricted exit.
Charges Against Judge Dugan
Judge Dugan allegedly directed Eduardo Flores-Ruiz, a 31-year-old previously deported migrant, to exit the Milwaukee County Courthouse through a private door after his court hearing on misdemeanor battery charges. Prosecutors say she also told ICE agents they needed a warrant to arrest him, despite their legal authority to detain removable immigrants.
Dugan was charged in April with obstruction of justice and concealing a person to prevent arrest, offenses that carry up to six years in prison and a $350,000 fine if convicted. She has pleaded not guilty.
Judge’s Motion to Dismiss Denied
In May, Dugan sought to dismiss the case, arguing that:
- She was acting in her official judicial capacity and thus immune from prosecution.
- The federal government violated Wisconsin’s sovereignty by interfering in a state court proceeding.
However, U.S. Magistrate Judge Nancy Joseph ruled Monday that judicial immunity does not protect judges from criminal prosecution for unlawful acts. While judges are shielded from civil lawsuits over judicial decisions, they can still face criminal charges.
Joseph also rejected Dugan’s claim that the prosecution violates the separation of powers, stating that whether her actions were criminal or within judicial discretion must be decided at trial.
What Happened in Court?
According to a criminal complaint:
- Flores-Ruiz was in court for allegedly assaulting two people, sending both to the hospital.
- ICE agents were present to arrest him due to his illegal reentry after deportation.
- Dugan allegedly demanded agents go to the chief judge’s office, then escorted Flores-Ruiz out a restricted exit to avoid them.
- When agents later confronted Flores-Ruiz outside, he fled but was caught after a brief chase.
Defense Plans to Appeal
Dugan’s attorney, Steven Biskupic, expressed disappointment in the ruling and vowed to appeal, calling it a threat to judicial independence. “This is only one step in what we expect will be a long journey to preserve the integrity of our courts,” he said.
Background on Judge Dugan
- Elected to Milwaukee’s Circuit Court in 2016.
- Previously worked with legal aid groups and served as executive director of Catholic Charities.
- Oversees misdemeanor cases in Branch 31.
The final decision on whether the case proceeds rests with U.S. District Judge Lynn Adelman, who will review the magistrate’s recommendation.
Broader Implications
This case raises questions about:
- Judicial immunity limits—Can judges face prosecution for courtroom decisions?
- Federal vs. state authority—Does ICE’s presence in state courts overstep boundaries?
- Public safety concerns—Flores-Ruiz had a violent criminal history; should judges assist such individuals in evading immigration enforcement?
The outcome could set a precedent for how courts handle conflicts between judicial discretion and federal immigration enforcement.