The case against Judge Dugan might change the lines between judicial power and federal-level enforcement of immigration laws.
United States: A Wisconsin judge is scheduled to appear in federal court on Thursday to answer charges that she helped a migrant escape an immigration arrest inside her courtroom in a case that has potential implications for President Donald Trump’s broad immigration crackdown.
Judge Accused of Helping Migrant Evade Arrest
Hannah Dugan, an elected Milwaukee County Circuit Court judge, is scheduled to enter a plea on charges that she obstructed and concealed a person sought for arrest, as reported by Reuters.
Prosecutors say Dugan attempted to foil the pending arrest by diverting federal agents from the hallway outside of her courtroom and leading the migrant, who was later identified as Eduardo Flores-Ruiz, past a non-public exit.
Defense: Charges Are “Unconstitutional”
Dugan’s legal team claimed she is innocent. On Wednesday, her lawyers sought to dismiss the indictment in her case, claiming that as a judge, she is immune from prosecution for official acts and that the case encroaches on state authority.
“The government’s prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional,” her lawyers wrote in a court filing.
The case followed the U.S. Justice Department under Trump, promising to examine local officials for standing in the way of its aggressive immigration enforcement.
State courthouses have emerged as a good ground for federal immigration operations, but the practice has been opposed by advocates dreading the fact that illegal residents in the United States will shun seeking legal help.
Dugan, who first took office as a judge in 2016, has spent much of her professional life adding representation for low-income litigants to cases concerning civil rights and domestic abuse.
Incident Involved Deported Migrant Facing Assault Charges
The prosecution is connected with Flores-Ruiz’s scheduled visit to Dugan’s courtroom to stand on charges of assault on April 18. Flores-Ruiz was set to appear for a pre-trial hearing after facing accusations that he struck his roommate and two others after an argument regarding loud music, a local police report indicates.
Wisconsin Judge Dugan indicted for helping an illegal avoid deportation by ICE.
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Flores-Ruiz had been previously deported to Mexico, and federal agents obtained an administrative warrant to take custody of him, according to the criminal complaint against Dugan.
The complaint, with the account of witnesses, charges that Dugan became enraged with the discovery that he was to have Flores-Ruiz arrested at the doorway to her court by law enforcement agents after the hearing.
She then directed a group of agents to an office in the hallway, where one agent was on the phone to the chief judge. She then heard the Flores-Ruiz case privately and waved him and his lawyer through a non-public “jury door,’’ the complaint says, as reported by Reuters.
The document says that Flores-Ruiz was later seen by law enforcement in a public hall, and an agent followed him into an elevator. Flores Ruiz was arrested in a foot chase outside the courthouse.