Milwaukee County Judge Hannah Dugan faces federal charges for allegedly helping an illegal immigrant evade ICE agents, but her claim of absolute judicial immunity is being met with strong skepticism from legal experts.
At a Glance
- Judge Hannah Dugan is charged with harboring a person from arrest and obstructing federal law enforcement after allegedly helping an illegal immigrant evade ICE agents
- Her defense claims “absolute immunity from criminal prosecution” for actions taken in her courtroom, citing recent Supreme Court rulings
- Constitutional law expert Hans von Spakovsky called her immunity claim “absolutely ridiculous”
- Video evidence allegedly shows Dugan escorting the illegal immigrant out a private exit to avoid arrest
- The Wisconsin Supreme Court has temporarily suspended Dugan from her duties pending trial
Judge Claims Immunity for Actions Aiding Illegal Immigrant
Milwaukee County Circuit Judge Hannah Dugan faces serious federal charges for allegedly helping Eduardo Flores-Ruiz, an illegal immigrant who had reentered the United States unlawfully, evade Immigration and Customs Enforcement (ICE) agents during a scheduled court hearing. Federal prosecutors have charged Dugan with harboring a person from arrest and obstructing federal law enforcement, charges that could result in up to six years in prison and $350,000 in fines if she is convicted.
In her defense, Dugan’s legal team has filed a motion to dismiss the charges, claiming she possesses “absolute immunity from criminal prosecution” for actions taken in her courtroom. Her attorneys argue that her interactions with ICE agents and the defendant were part of her official judicial duties and cite a recent U.S. Supreme Court ruling on immunity for official acts. The motion states that “immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset.”
Boston Municipal Court Judge Shelley Joseph is facing an ethics hearing on allegations she helped an undocumented immigrant evade ICE.
In a move similar to that of Milwaukee Judge Hannah Dugan, Joseph allegedly allowed the immigrant to leave court through a different door to… pic.twitter.com/RIyynEbsmC
— Kimberly “Kim” Wexler MA JD (@KimWexlerMAJD) May 9, 2025
Legal Experts Reject Immunity Claim
Constitutional law expert Hans von Spakovsky has forcefully rejected Dugan’s claim of absolute immunity. “That is an absolutely ridiculous claim,” von Spakovsky stated, arguing that such an interpretation would essentially allow judges to commit illegal acts without consequence. He explained that judicial immunity is typically limited to civil liability for decisions made from the bench, not criminal actions taken to deliberately obstruct federal law enforcement.
“We’ve read the Constitution and don’t remember the ‘judge-can-do-whatever-she-wants’ clause,” wrote Hans von Spakovsky and Charles Stimson.
The indictment provides specific details of Dugan’s alleged actions, including misleading ICE agents by directing them to the chief judge’s office while rescheduling a hearing for Flores-Ruiz. Video evidence reportedly shows Dugan interacting with the ICE agents and later escorting Flores-Ruiz out through a private exit to help him avoid arrest. Despite these efforts, Flores-Ruiz was eventually apprehended by federal authorities.
Broader Implications and Political Context
The case has drawn parallels to that of Boston Judge Shelley Joseph, who faced similar charges in 2019 for aiding an illegal immigrant. Joseph’s charges were eventually dropped after a change in presidential administration, though she still faces a judicial conduct hearing. The Department of Homeland Security has weighed in on the Dugan case, with Assistant Secretary Tricia McLaughlin criticizing “activist judges” who have “tried to obstruct President Trump and the American people’s mandate to make America safe.”
“Since President Trump was inaugurated, activist judges have tried to obstruct President Trump and the American people’s mandate to make America safe and secure our homeland— but this judge’s actions to shield an accused violent criminal illegal alien from justice is shocking and shameful,” said Assistant Secretary Dept. of Homeland Security Tricia McLaughlin.
The Wisconsin Supreme Court has temporarily relieved Dugan of her judicial duties, appointing a reserve judge in her place to maintain public confidence in the judiciary. Dugan has pleaded not guilty to the charges and faces trial in July. Her legal team has expanded their motion to dismiss, arguing that the federal government violated Wisconsin’s sovereignty by interfering in state court proceedings, in addition to the judicial immunity claim. The case could potentially set a national precedent regarding the limits of judicial immunity and accountability.
