âť“WHAT HAPPENED: A U.S. magistrate judge ruled that a case can proceed against Milwaukee County Judge Hannah Dugan, who is accused of aiding an illegal immigrant in evading arrest.
👤WHO WAS INVOLVED: Judge Hannah Dugan, illegal immigrant Eduardo Flores-Ruiz, Magistrate Judge Nancy Joseph, and Dugan’s attorney Steven Biskupic.
đź“ŤWHEN & WHERE: The indictment was reported in May, and a nonbinding recommendation was issued Monday. The events took place in Milwaukee County, Wisconsin.
💬KEY QUOTE: “A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law,” wrote Magistrate Judge Nancy Joseph.
🎯IMPACT: The case will proceed, raising questions about judicial immunity and the legality of Dugan’s actions.
A U.S. magistrate judge has ruled that criminal proceedings can continue against Milwaukee County Judge Hannah Dugan, who is facing allegations of obstructing federal immigration authorities. The case centers on claims that Dugan assisted an illegal immigrant in evading arrest by Immigration and Customs Enforcement (ICE).
According to a two-page federal indictment, Dugan is accused of “obstructing a U.S. agency and concealing” Eduardo Flores-Ruiz, an illegal immigrant. Prosecutors allege she deliberately interfered with ICE’s efforts to detain Flores-Ruiz by hiding his whereabouts.
Dugan pleaded not guilty at a hearing in May. Her legal team has argued that the charges should be dismissed, claiming she is protected by judicial immunity for actions taken in her official role on the bench.
However, Magistrate Judge Nancy Joseph, in a recent recommendation, declined to support dismissal of the case. She wrote, “A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law.”
Judge Joseph also emphasized that it remains uncertain whether Dugan’s conduct falls outside the scope of her judicial responsibilities. She stated that this ambiguity “cannot be resolved through a motion to dismiss,” and therefore the case must continue through the court process.
Dugan’s attorney, Steven Biskupic, reacted to the decision and expressed dissatisfaction with the recommendation. “We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it. 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.
The recommendation is not final, but it allows the case to proceed while the legal process unfolds. A more decisive ruling will fall to a U.S. district judge, who will review Judge Joseph’s findings.
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