A judge in Wisconsin, who was recently arrested and charged for allegedly helping an undocumented immigrant escape federal agents, has filed a motion to dismiss her case. The judge claims she is protected by legal immunity and says the charges against her are unconstitutional.
What Is Judge Hannah Dugan Accused Of?
Judge Hannah Dugan, who serves in Milwaukee County, is accused of interfering with a federal immigration arrest. She was arrested last month and charged with obstructing or impeding federal agents and helping conceal an undocumented immigrant named Eduardo Flores-Ruiz.
Federal authorities say that on April 18, while Flores-Ruiz was in her courtroom for a hearing related to a battery case, ICE (Immigration and Customs Enforcement) agents came to detain him. A courtroom deputy claims that Judge Dugan directed Flores-Ruiz to leave through a jury door, helping him avoid arrest.
The charges carry a possible sentence of up to 6 years in prison and $350,000 in fines.
The Judge’s Legal Response
Just a day before her scheduled court appearance, Dugan’s legal team filed a motion in federal court asking for the case to be dismissed. The motion strongly argues that Judge Dugan is protected by “judicial immunity.” This means that judges cannot be charged or sued for actions they take as part of their official duties.
Her lawyers argue that the case should be thrown out immediately and not even go to trial. “Immunity is not a defense to be decided later,” they said. “It is a complete barrier to prosecution from the start.”
Why the Case Is Unusual
Dugan’s lawyers call the case “virtually unprecedented” — meaning something like this has rarely, if ever, happened before. They also argue that the federal government is interfering with the work of a state judge and violating the 10th Amendment of the U.S. Constitution, which protects the independence of state governments.
According to the motion, the federal government’s actions disrupt court proceedings and cross legal boundaries by targeting a judge inside her own courtroom.
What Happens Next?
Judge Dugan is currently out on bond and is expected to appear in court on Thursday to enter a plea. It remains to be seen how the judge presiding over the case will respond to her motion to dismiss. If the motion is accepted, her case could be dropped. If not, she will face trial.
The case against Judge Hannah Dugan raises serious legal questions about the limits of federal power and the protection of judicial independence. Whether or not she acted improperly, her defense relies on the idea that judges should not be punished for actions taken during official court duties. As this rare case unfolds, it may set an important example for how federal and state authorities interact in the future.