Milwaukee County Judge’s Case Moves Forward
The situation involving a Milwaukee County judge accused of shielding undocumented immigrants from deportation is still unfolding. Judge Hannah Dugan faces allegations that she deliberately assisted immigrants in evading ICE officers by utilizing back exits in her courtroom and suggesting that arrests wouldn’t be made without a warrant.
Back in May, Dugan attempted to have the charges against her dismissed, arguing that her actions were part of her duties as a judge and therefore protected from prosecution. She also claimed that the federal government overstepped its boundaries by interfering with state judicial processes.
Prosecutors maintain that the charges against Dugan are valid, contending that her alleged support for illegal immigrants cannot be overlooked.
Recently, U.S. Magistrate Judge Nancy Joseph recommended that these charges be dropped, but the final call rests with U.S. District Judge Lynn Adelman, who can either accept or reject this recommendation.
Interestingly, Judge Joseph emphasized that even a judge acting in an official capacity isn’t immune from criminal prosecution if their actions violate the law. Dugan has been charged with obstructing justice and concealing individuals to prevent their arrest. If found guilty, she could face a hefty fine and prison time up to six years. She has entered a not guilty plea.
In her defense, Dugan argued that the prosecution’s actions infringe on the separation of powers laid out in the U.S. Constitution, thereby undermining Wisconsin’s judicial authority. However, Judge Joseph suggested that questions about whether Dugan’s actions were criminal or within her judicial rights need to be settled in court, rather than through a dismissal motion.
Surveillance video seems to back up accusations, showing Dugan interacting with ICE agents in court. Her attorney, Steven Biskupic, expressed disappointment with Judge Joseph’s recommendation, stating it signals the start of a lengthy struggle to uphold judicial independence.
Dugan was arrested in April after federal agents sought to detain Eduardo Flores Luis, a 31-year-old undocumented individual with a history of deportation, as he appeared in court for allegations of battery. Reports indicate that Dugan instructed officers to head to the Supreme Court and then facilitated Flores’ exit from the courthouse to evade arrest.
There were serious allegations against Flores, including that he had assaulted two individuals requiring hospital treatment.
Dugan’s past includes collaboration with legal aid organizations and Catholic charities, and she was last elected without opposition in 2022. Yet her current predicament has drawn considerable controversy, prompting a highly skilled legal team to step in on her behalf, including notable figures like Paul Clement, who has a distinguished background in Supreme Court litigation.
