A federal magistrate judge has recommended that the criminal case against Milwaukee County Circuit Judge Hannah Dugan should proceed, rejecting her attempt to have the charges dismissed.
Judge Dugan, who was indicted in May, is accused of helping a man in the U.S. illegally evade Immigration and Customs Enforcement (ICE) agents at the Milwaukee County Courthouse. She was arrested in April and has pleaded not guilty to charges of obstruction and concealing an individual to prevent arrest.
The case has drawn national attention, reigniting tensions between state and federal authority on immigration enforcement. Supporters say the prosecution is politically motivated, accusing the Trump administration of targeting Dugan to discourage judges from resisting federal immigration crackdowns.
Dugan’s legal team filed a motion to dismiss, arguing she acted in her official capacity as a state judge and is immune from prosecution. Her attorneys also claimed that federal prosecutors overstepped their authority by disrupting the operations of a state courtroom and infringing on Wisconsin’s sovereignty.
However, U.S. Magistrate Judge Nancy Joseph disagreed in a non-binding recommendation issued Monday. She wrote that while judges have immunity from civil lawsuits related to judicial actions, that protection doesn’t extend to criminal conduct. Joseph also rejected all other arguments Dugan raised in her motion to dismiss.
“This recommendation does not weigh in on the truth of the allegations,” Judge Joseph wrote. “Judge Dugan remains presumed innocent unless and until proven guilty beyond a reasonable doubt.”
The final decision on whether the case will move forward rests with U.S. District Judge Lynn Adelman, who may either accept or reject the recommendation.
Dugan’s attorney, Steven Biskupic, expressed disappointment with the ruling and vowed to continue fighting the charges. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts,” he said.
Prosecutors allege that on April 18, Judge Dugan guided 31-year-old Eduardo Flores-Ruiz and his attorney out of her courtroom through a back door after learning ICE agents were waiting to arrest him. Ruiz was ultimately detained outside the courthouse after a brief chase.
If convicted, Dugan faces up to six years in prison and $350,000 in fines.
The case bears similarities to a previous high-profile prosecution under Trump’s first term involving a Massachusetts judge accused of aiding an undocumented immigrant in evading ICE agents. That case was later dismissed. No trial date has been set for Dugan.
