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Federal prosecutors have filed a response opposing a motion by Milwaukee County Circuit Court Judge Hannah Dugan to dismiss an indictment that accuses her of obstructing federal immigration enforcement.
The indictment stems from an incident on April 18, 2025, at the Milwaukee County Courthouse, where prosecutors allege Judge Dugan assisted Eduardo Flores-Ruiz, a Mexican national facing misdemeanor domestic battery charges, in avoiding U.S. Immigration and Customs Enforcement (ICE) officers who were present to serve a federal immigration warrant.
Dugan, 65, has pleaded not guilty to the charges, which include obstruction of proceedings before a U.S. agency and unlawful concealment of a person subject to arrest.
In her motion to dismiss, Dugan’s legal team argues that she is protected under judicial immunity and that the federal prosecution infringes on state judicial authority and the Tenth Amendment. Her attorneys assert that her actions were taken in her official capacity as a judge and that the federal government overreached in indicting a sitting state judicial officer.
However, in a court filing submitted Wednesday, federal prosecutors argued that judicial immunity does not apply to criminal conduct. Quoting U.S. Supreme Court precedent, prosecutors stated, “Judges are not immune from criminal liability.”
The filing continues: “Dugan asks for this Court to develop a novel doctrine of judicial immunity from criminal prosecution… without reasonable basis in the Constitution, statutes, or case law.”
Prosecutors also noted that in her own brief, Dugan acknowledged that public officials, including judges, are not above the law.
The Department of Justice alleges that Dugan became aware of the presence of ICE agents in the courthouse and took a series of actions to assist Flores-Ruiz in avoiding arrest. According to the government’s filing, video evidence and witness accounts indicate that she paused her courtroom proceedings, sought assistance from a colleague in another courtroom, and confronted ICE agents in a public hallway.
Prosecutors allege that Dugan instructed Flores-Ruiz’s attorney to exit the courtroom with his client through a private hallway and return later for a new court date. Surveillance footage reportedly shows Dugan escorting the defendant and his attorney through a restricted area leading to a courthouse exit.
Subsequent footage appears to show Flores-Ruiz leaving the building and being followed by an ICE agent. He was apprehended about a block away. Judge Dugan was arrested one week later by federal authorities.
The prosecution argues that Dugan acted outside her judicial capacity and interfered with a lawful federal operation. “All events arose from Dugan’s unilateral, non-judicial, and unofficial actions in obstructing a federal immigration matter over which she, as a Wisconsin state judge, had no authority,” the filing states.
Dugan’s defense attorney, Dean Strang, told Fox News Digital that a formal reply to the government’s filing will be submitted next week.
A trial is scheduled to begin on July 21, 2025. If convicted, Judge Dugan could face up to six years in federal prison.
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