Milwaukee County Circuit Judge Hannah Dugan’s bid to dismiss federal charges against her has been rejected, setting the stage for a highly anticipated trial. U.S. District Judge Lynn Adelman ruled that Dugan cannot rely on judicial immunity to avoid prosecution for allegedly helping a defendant evade Immigration and Customs Enforcement (ICE) agents.
Dugan was indicted in April after an April 18 incident at the Milwaukee County Courthouse. Federal prosecutors claim she interfered with ICE efforts to arrest Eduardo Flores-Ruiz, a noncitizen facing three misdemeanor battery charges. Surveillance footage allegedly shows her confronting plainclothes ICE agents in a courthouse hallway, advising them they needed a judicial warrant, and directing them to the chief judge’s office.
According to the indictment, Dugan later conducted the matter off the record rather than holding a scheduled hearing and permitted Flores-Ruiz and his attorney to exit through a rear door. Prosecutors argue this was intended to help him avoid detection. Despite those efforts, Flores-Ruiz was taken into ICE custody later the same day.
Her defense team filed a motion claiming she was performing her judicial duties and therefore entitled to immunity. They further argued that prosecuting her infringes on the Tenth Amendment and violates the principle of separation of powers, suggesting the federal government should not be able to criminally charge a state judge for actions connected to courtroom proceedings.
Judge Adelman disagreed, emphasizing that while judicial immunity covers most official acts, it does not extend to conduct that allegedly interferes with federal law enforcement. “There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job,’” he wrote. He added that the alleged actions — interfering with a federal arrest, misleading agents, and enabling a physical escape — fall outside the scope of protected judicial activity.
The ruling does not determine Dugan’s guilt or innocence but clears the way for the case to move forward. A hearing is set for October 3 in federal court, and both sides have indicated interest in beginning trial proceedings before year’s end.
The case has drawn national attention due to its rarity. While disagreements between local jurisdictions and federal immigration authorities are not new, it is uncommon for a sitting judge to face criminal charges of this magnitude. Legal analysts note the outcome could set precedent in defining the boundaries of judicial immunity, particularly in contexts where federal enforcement intersects with state judicial authority.
Flores-Ruiz remains in ICE custody pending immigration proceedings, though the Milwaukee County District Attorney’s office has not clarified whether his local criminal charges are still active.
If convicted, Dugan could face significant penalties, including fines or prison time, though the exact consequences will depend on trial proceedings. For now, her career and reputation are on the line, as the case underscores a critical question: how far judicial independence extends when federal enforcement is at stake.
This case not only tests the limits of judicial protection but also places the spotlight on broader tensions between state courts and federal immigration policies — a conflict that shows no signs of fading.
