A federal judge has ruled that Milwaukee County Circuit Judge Hannah Dugan must face trial on charges that she obstructed immigration enforcement. Dugan, accused of helping an illegal immigrant evade arrest, argued that judicial immunity shielded her from prosecution. U.S. District Judge Lynn Adelman rejected that claim, stating immunity does not extend to criminal conduct.
The case stems from allegations that Dugan escorted a defendant through a non-public courthouse exit in 2019 to help him avoid Immigration and Customs Enforcement officers waiting to detain him. Prosecutors charged her with felony obstruction and misdemeanor concealment of a person to prevent arrest. If convicted, she faces up to six years in prison and $350,000 in fines.
Dugan’s attorneys contended that her actions fell within her judicial role and that prosecuting her violated the Tenth Amendment. U.S. Magistrate Judge Nancy Joseph earlier recommended allowing the case to proceed, a recommendation Adelman has now affirmed. The court concluded that while judges enjoy immunity in civil matters, they remain accountable under criminal law when acting outside their lawful authority.
The Trump administration’s Justice Department pushed the case forward, emphasizing the federal government’s authority over immigration enforcement. Supporters argue the prosecution is necessary to deter local officials from undermining federal law. Critics contend it threatens judicial independence and represents an aggressive use of federal power.
The ruling ensures that the high-profile trial will move ahead, highlighting the ongoing clash between federal immigration enforcement and local resistance. It also establishes a clear precedent that judges cannot use immunity to shield themselves from criminal accountability.
