A Democrat-aligned Wisconsin activist judge at the center of a controversial immigration-related case is seeking to have federal charges against her dismissed.
Judge Hannah Dugan is arguing that the U.S. Department of Justice (DOJ) indictment violates both constitutional protections and judicial independence.
Attorneys for Dugan recently expanded their motion to dismiss the charges, asserting that the federal government overstepped its authority when it arrested and indicted her.
They maintain that Dugan is protected by judicial immunity, which shields judges from prosecution for official acts performed in their role.
Her legal team also invoked the Tenth Amendment and the constitutional separation of powers.
Dugan’s lawyers suggest that the federal prosecution represents an overreach into state judicial matters.
“The indictment itself is an ugly innovation. Its dismissal will not be,” Dugan’s attorneys wrote in their filing.
They are maintaining that she is not accused of corruption or violating anyone’s civil rights—conduct that would fall outside the scope of her protected judicial duties.
At the heart of the case is Dugan’s alleged effort to help Eduardo Flores-Ruiz, an illegal alien facing misdemeanor battery charges, avoid arrest by Immigration and Customs Enforcement (ICE).
According to a federal indictment, Dugan told plainclothes ICE agents they needed a judicial warrant to arrest Flores-Ruiz, and she directed them to the chief judge’s office.
Rather than proceed with a scheduled court hearing, Dugan allegedly addressed the case off the record before escorting Flores-Ruiz and his attorney through a private exit.
Despite those efforts, ICE ultimately arrested Flores-Ruiz.
Federal prosecutors have charged Dugan with concealing a person from arrest and obstruction of justice.
She pleaded not guilty and is slated to stand trial in July.
If convicted, she faces up to six years in prison and $350,000 in fines.
The Department of Homeland Security condemned the judge’s actions, accusing her of undermining immigration enforcement under President Donald Trump’s administration.
“This judge’s actions to shield an accused violent criminal illegal alien from justice is shocking and shameful,” said Assistant Secretary Tricia McLaughlin.
McLaughlin added that Dugan’s behavior exemplifies the broader problem of “activist judges” interfering with federal immigration priorities.
Surveillance footage released last week appears to show the judge speaking with ICE agents before leaving the courtroom area with Flores-Ruiz and his attorney.
The case has quickly become a flashpoint in the ongoing legal and political battles over immigration policy and the role of the judiciary in enforcing—or impeding—federal immigration law.
