A Milwaukee judge, Hannah Dugan, has found herself at the center of a controversial legal battle after she was arrested for allegedly protecting an undocumented immigrant from arrest by Immigration and Customs Enforcement (ICE). Dugan's case raises significant questions about judicial immunity and the limits of law enforcement authority.
Last month, the FBI arrested Dugan following accusations that she informed ICE agents they required a warrant to apprehend an undocumented immigrant, identified as Eduardo Flores Ruiz, who had appeared in her courtroom on a misdemeanor charge. In a statement shared on social media, FBI Director Kash Patel claimed that Dugan had “intentionally misdirected federal agents away” from Ruiz, who was subsequently arrested outside the courthouse.
Dugan was indicted on charges of allegedly concealing a person from arrest and obstruction of justice. However, in a motion to dismiss the case, her attorneys contended that Dugan is “no ordinary criminal defendant.” They argued that there are numerous issues with the prosecution, highlighting a potential violation of the U.S. Constitution's fundamental principle of federalism. Most notably, the motion stressed that Dugan is entitled to judicial immunity for her official acts, which should prevent her prosecution.
In support of their argument, Dugan's defense team referenced the recent 2024 Supreme Court case, Trump v. United States, which granted former President Donald Trump absolute immunity for his “official acts.” The court's 6-3 ruling involved Trump's criminal prosecution related to his efforts to overturn the results of the 2020 election. While the ruling did not define what constitutes an “official act,” it emphasized that lower courts must consider the expansive immunity afforded to the president in similar cases.
Dugan's motion asserts that the same standard of immunity should apply to judges, emphasizing that such immunity is an “absolute bar” to prosecution right from the start. The motion refuted claims that Dugan directed Ruiz to exit through a jury door to evade ICE agents, reiterating that judges maintain control over their courtrooms and courthouses.
Dugan appeared briefly in a Milwaukee court on Thursday, where she pleaded not guilty to the charges against her. Outside the courthouse, dozens of demonstrators gathered, holding signs that read “Only Fascists Arrest Judges—Drop the Charges” and “Department of Justice Over-Reach.” The Wisconsin Supreme Court has temporarily removed Dugan from the bench while the case unfolds, as reported by The New York Times.
In a show of solidarity, over 150 former state and federal judges recently signed a letter addressed to Attorney General Pam Bondi, asserting that Dugan's arrest is an attempt to intimidate and threaten the judiciary. They described the actions against her as a “cynical effort” that undermines the rule of law in the United States.
