Federal prosecutors say former Wisconsin judge Hannah Dugan is making “absurd” and waived arguments in her attempt to overturn her conviction for interfering with federal immigration enforcement.
In a 45-page filing, the U.S. Department of Justice argues that Dugan’s motion for acquittal or a new trial relies on claims the court has already rejected or that she failed to raise before trial. A federal jury convicted Dugan in December of obstructing or impeding a proceeding before a U.S. agency, while acquitting her of a misdemeanor concealment charge.
Dispute Over Alleged Courthouse “Privilege”
Dugan was indicted after prosecutors alleged she helped Eduardo Flores-Ruiz avoid arrest by ICE agents following a court appearance in her Milwaukee County courtroom in April 2025. According to prosecutors, she directed him to exit through a jury door and told ICE agents they needed a judicial warrant.
Her legal team argues that a “common-law privilege” bars civil immigration arrests inside courthouses and that jurors were improperly instructed. Prosecutors counter that such a privilege does not apply to federal immigration enforcement and that arrests in public courthouse areas are lawful.
The DOJ maintains that Dugan waived the privilege argument by failing to raise it before trial and says even if it had been preserved, it would fail on the merits. Prosecutors argue the privilege she cites applies to certain civil process matters, not to federal immigration removal proceedings.
Jury Instructions and Next Steps
Dugan’s attorneys also contend that jury instructions improperly amended the indictment by not requiring jurors to find that she knew the specific identity of the person ICE sought. Prosecutors reject that interpretation, arguing that adding such a requirement would misstate the law and lead to illogical results.
Obstruction of a federal proceeding carries a potential maximum sentence of five years in prison. Dugan, 66, stepped down from the bench last month and has said she intends to continue challenging her conviction. A sentencing date has not yet been scheduled.
