Last week, Milwaukee County Circuit Court Judge Hannah Dugan was arrested in Wisconsin for allegedly helping an undocumented immigrant evade arrest. Before her arrest, a Mexican immigrant, Eduardo Flores-Ruiz, was making a court appearance before Judge Dugan for misdemeanor battery and domestic abuse charges when ICE agents showed up to arrest Flores-Ruiz, a migrant who was previously deported in 2013.
The criminal complaint shows the arrested judge was charged with obstructing immigration agents and concealing to prevent arrest. Dugan’s preliminary hearing was held in a federal court on Friday morning. Her attorney, Craig Mastantuono, told the court Dugan’s arrest was “not made in the interest of public safety.”
Who Is Milwaukee County Circuit Judge Hannah Dugan?
According to the Milwaukee Journal Sentinel, which is part of USA Today, Dugan graduated from the University of Wisconsin Law School and spent much of her early career working for Legal Aid before being elected as a circuit court judge in 2016.
On April 18, Flores-Ruiz appeared in Judge Dugan’s courtroom for a pre-trial conference in his misdemeanor case. Reportedly, when Dugan heard that Immigration and Customs Enforcement officers were there to arrest Flores-Ruiz, she confronted them to confirm whether they had an arrest warrant. A federal agent told her they did not, but had an administrative warrant. Judge Dugan directed them to Chief Judge Carl Ashley’s office. Allegedly, she returned to her courtroom and directed Flores-Ruiz through a jury door and private hallway leading to a non-public area of the Milwaukee County Courthouse. U.S. Immigration and Customs Enforcement spotted Flores-Ruiz outside the building and eventually arrested him after a foot chase.
On April 25, the FBI returned to the Milwaukee County Courthouse. This time, to arrest Dugan and transfer her to the custody of the U.S. Marshals. Her arrest has triggered national debate among the public and government officials. The Milwaukee mayor publicly criticized the “showboating” method used by federal law enforcement to arrest Dugan. Authorities could have arrested her at home. Mastantuono argued the feds should simply have requested she turn herself in. It is extremely unlikely a sitting judge would fail to respond to criminal charges.
Wisconsin Governor Tony Evers made a statement criticizing President Donald Trump and the White House for working "to attack and attempt to undermine our judiciary at every level." FBI Director Kash Patel announced Dugan’s arrest on social media, citing evidence of Judge Dugan’s obstruction during an immigration operation. However, because he posted it prior to any indictment, he subsequently took down the post. Attorney General Pam Bondi gave an interview about Dugan’s arrest and stated, “Nobody is above the law, not even a judge.”
Did Judge Dugan Commit Obstruction?
The first charge against Dugan is for the obstruction of a federal proceeding under the U.S. Code. To prove charges of obstruction, the U.S. government must establish that a federal proceeding existed and was ongoing, like an official government process. It must prove that ICE’s investigation and effort to arrest Flores-Ruiz due to his undocumented alien status is considered a “proceeding” under the law. The government must also demonstrate that Dugan:
- Knew about ICE’s plans to arrest Flores-Ruiz
- Intended to interfere with his arrest
- Engaged in prohibited acts to block the arrest
The criminal complaint against Dugan asserts an active proceeding was in effect due to ICE agents’ efforts to apprehend individuals not lawfully present in the U.S. who had been charged with criminal offenses, including Flores-Ruiz. The complaint alleges several witnesses saw Dugan react to finding out that ICE was at the court to arrest Flores-Ruiz and that she was presented with the administrative warrant for his arrest. The complaint also contends that Dugan attempted to thwart the arrest of Flores-Ruiz by escorting him through a side door to a non-public area exclusively used for juries, not defendants. It will be up to a jury to decide whether Dugan’s actions that day can be considered obstruction.
Did Judge Dugan Conceal Flores-Ruiz?
Dugan is also charged with concealing an individual to prevent discovery and arrest. To prove this, the government must establish the following:
- A federal warrant was issued for Flores-Ruiz’s arrest
- Dugan knew about the warrant
- Dugan harbored or concealed Flores-Ruiz
- Dugan intended to prevent the discovery or arrest of Flores-Ruiz
It comes down to whether or not Dugan’s actions were meant to hide Flores-Ruiz or keep him out of ICE’s sight.
Do ICE’s Recent Arrests Affect the Justice System?
The Justice Department also recently announced the FBI arrest of a former judge and his wife in New Mexico for evidence tampering related to the investigation of a Venezuelan national unlawfully present in the U.S.
Historically, immigration enforcement has not occurred in certain areas. One was in courthouses. This was to prevent undocumented immigrants from pursuing other legal actions that could harm them or their communities. Judges also typically have broad authority in their courtrooms. President Trump changed this policy through executive order. Still, ICE's official policy is to generally not arrest migrants at courthouses.
With the recent increase in arrests of undocumented immigrants in previously restricted places, like schools and hospitals, these individuals may not feel safe enough to attend court proceedings. How this could affect our country’s democratic process and the legal system’s ability to function effectively remains an important question.
Related Resources:
- Find Immigration Attorneys Near You (FindLaw's Lawyer Directory)
- Top 3 Rights to Know If Stopped by ICE (FindLaw's Law and Daily Life)
- Deportation Basics (FindLaw's Immigration Law)
