Federal Judge Denies Milwaukee Judge Hannah Dugan's Motion to Dismiss in ICE Obstruction Case

U.S. District Judge Lynn Adelman, a Bill Clinton appointee, denied Milwaukee County Circuit Judge Hannah Dugan's motion to dismiss federal charges against her for allegedly helping an illegal alien evade ICE agents, paving the way for trial.

Adelman rejected Dugan's claims of judicial immunity, stating, “There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of the judge’s job.'” He compared the case to valid bribery prosecutions of judges, noting criminal liability applies even for acts intertwined with official duties. The ruling upheld U.S. Magistrate Judge Nancy Joseph's July recommendation against dismissal on grounds of judicial immunity, Tenth Amendment violations, and constitutional avoidance.

The case stems from an April 18, 2025, incident in Dugan's courtroom. Eduardo Flores-Ruiz, a 30-year-old illegal alien from Mexico facing misdemeanor battery charges related to domestic abuse, appeared before her. ICE agents, along with FBI and DEA personnel, waited outside with an administrative arrest warrant. Upon learning of their presence, Dugan confronted the agents in the hallway, demanding a judicial warrant and directing them to Chief Judge Carl Ashley. She called the situation “absurd” and became visibly angry.

After the hearing, Dugan allegedly instructed Flores-Ruiz and his attorney to follow her through a private jury door, leading to a nonpublic area to avoid the agents. A courtroom deputy heard her say, “Wait, come with me.” They emerged into the same public hallway, rode an elevator with a DEA agent, and exited the building. Agents then chased Flores-Ruiz on foot and arrested him at a nearby intersection, an action prosecutors say increased public danger due to Dugan's interference.

FBI Director Kash Patel announced Dugan's arrest on April 25, 2025, stating she “intentionally misdirected federal agents away from the subject to be arrested at her courthouse.” A federal grand jury indicted her in May on one felony count of obstructing or impeding a proceeding and one misdemeanor count of concealing an individual to prevent discovery and arrest. Dugan pleaded not guilty on May 15.

Dugan, elected in 2016 after defeating incumbent Paul Rifelj with 65% of the vote, has a background in legal aid, focusing on housing, public benefits, civil rights, and domestic abuse. She served as president of the Milwaukee Bar Association and executive director for Catholic Charities in southeast Wisconsin. The Wisconsin Supreme Court suspended her duties pending the case, citing public interest.

Her defense filed the motion to dismiss in May, citing judicial immunity for official acts and invoking the Supreme Court's Trump v. United States ruling on presidential immunity. They argued the prosecution was “virtually unprecedented and entirely unconstitutional,” violating state sovereignty and the Tenth Amendment by disrupting court proceedings. Prosecutors countered that immunity does not shield criminal acts, even if performed in an official capacity.

Dugan faces up to six years in prison and $350,000 in fines if convicted. A pretrial date is set for September, with trial potentially in October. This ruling reinforces that no one, including judges, is above the law when obstructing federal enforcement.