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The federal case against a Milwaukee County judge accused of helping an illegal immigrant evade deportation is set to proceed, as recommended by a federal magistrate judge this week.
Judge Hannah Dugan stands accused of knowingly facilitating the exit of a migrant from her courtroom through a restricted door, allowing him to escape from ICE authorities. Reports allege that she informed the officers present in her court that they required a warrant to arrest the individual.
In May, Dugan attempted to have the charges dismissed, claiming she acted within her official capacity as a judge, thus claiming immunity from prosecution. She asserted that the federal government overstepped its bounds by interfering with a state courtroom and pursuing a state judge.
U.S. Magistrate Judge Nancy Joseph advised against dropping the charges on Monday. The final determination rests with U.S. District Judge Lynn Adelman, who has the authority to accept or deny the recommendation.
Joseph asserted that a judge’s actions, even when executed in her official function, do not shield her from criminal prosecution if those actions breach the law.
Dugan faces charges of obstruction of justice and concealing a person to evade arrest. If found guilty on both counts, she could face a maximum of six years in prison along with fines totaling $350,000. So far, she has entered a not guilty plea.
In her recommendation, Judge Joseph noted that while judges are immune from civil lawsuits seeking monetary damages for judicial acts, this immunity does not extend to criminal allegations such as those facing Dugan.
Dugan further contended that prosecuting her under federal law infringes upon the U.S. Constitution’s principle of separation of powers, undermining Wisconsin’s ability to manage its judicial system.
However, Judge Joseph emphasized that determinations regarding Dugan’s official capacity and whether her conduct constituted a criminal act will require resolution at trial, not merely in a motion to dismiss.
Dugan’s attorney, Steven Biskupic, expressed disappointment with the recommendation, indicating the legal team plans to appeal. He remarked that this is merely one stage in what they anticipate will be a protracted effort to uphold the independence and integrity of the judiciary.
FBI officials arrested Dugan in April as federal agents, including personnel from ICE, attempted to detain illegal immigrant Eduardo Flores-Ruiz, aged 31. Flores-Ruiz was appearing in court for three misdemeanor battery charges stemming from allegations that he assaulted two individuals.
According to a criminal complaint, Dugan ordered the officers to approach the chief judge’s office. Following the hearing, she reportedly escorted Flores-Ruiz and his attorney out through a restricted jury door, thereby circumventing the waiting area where agents were positioned to apprehend him.
Authorities indicated they had probable cause to believe Flores-Ruiz was subject to removal under U.S. immigration law, as he had been deported previously and had neither sought nor received permission to return to the United States. Upon encountering the ICE agents outside the court on April 18, he fled but was apprehended following a brief pursuit.
Attorney General Pam Bondi has stated that Flores-Ruiz was previously accused of violently attacking two people, indicating that his actions were severe enough to necessitate hospital treatment for both victims.
