Wisconsin Judge Who Helped Illegal Evade ICE Claims Absolute Immunity, Here’s Why She’s Wrong

A Wisconsin judge is fighting federal charges that she helped an illegal immigrant avoid ICE agents, raising major questions about the limits of judicial immunity and federal power over state courts.

Key Facts:

  • Judge Hannah Dugan is accused of helping Eduardo Flores-Ruiz, an illegal immigrant charged with three misdemeanors, evade federal immigration agents in her courthouse.
  • Dugan allegedly misled ICE agents by saying they needed a judicial warrant, then helped Flores-Ruiz leave through a private exit.
  • She has pleaded not guilty to federal charges of concealing a person from arrest and obstruction of justice.
  • Her legal team argues the charges violate the Constitution and judicial immunity protects her actions.
  • The trial is scheduled for July; she faces up to six years in prison and $350,000 in fines if convicted.

The Rest of The Story:

Judge Hannah Dugan allegedly told plainclothes ICE agents that they needed a judicial warrant to detain Flores-Ruiz, even though such a requirement is not mandated under federal law.

The judge reportedly removed his hearing from the official record and directed the agents to speak with the chief judge.

Surveillance footage appears to show her later helping the defendant and his attorney exit through a private doorway.

Despite her alleged efforts, Flores-Ruiz was later arrested.

DHS celebrated the arrest and called Dugan an “activist judge” obstructing lawful immigration enforcement.

“This judge’s actions to shield an accused violent criminal illegal alien from justice is shocking and shameful,” said Tricia McLaughlin, a Department of Homeland Security spokesperson.

Dugan’s attorneys have responded aggressively, filing a motion to dismiss the indictment.

They argue that the charges not only overreach federal authority but also violate core constitutional principles.

Commentary:

Judge Dugan’s legal team is leaning heavily on judicial immunity, a doctrine that protects judges from being prosecuted for actions taken in their official capacity—even if controversial or wrong.

They claim her actions, including how she handled ICE officers and addressed the case off the record, were part of her normal judicial duties.

In their view, charging her criminally threatens judicial independence and violates the Tenth Amendment, which reserves powers like managing courtrooms to the states.

They further argue that immunity only fails when a judge commits conduct “wholly unrelated” to the job—like accepting bribes or violating someone’s civil rights.

Since Dugan is not accused of either, they say she’s protected.

However, the prosecution argues that judicial immunity doesn’t cover criminal behavior, especially when it obstructs federal agents.

If she gave ICE false information and misused her authority to block a lawful arrest, that could fall outside her judicial duties.

Federal prosecutors will likely argue her actions weren’t part of a courtroom proceeding but rather administrative interference.

Directing ICE agents elsewhere and helping a defendant flee may not qualify as judicial decisions but rather obstruction.

The key question the court must decide is intent and function: Was Dugan interpreting the law in a legal setting, or was she stepping outside her authority to help someone evade arrest?

If prosecutors can prove that her actions were outside normal judicial behavior and intended to hinder law enforcement, she could be convicted despite her bench status.

The Bottom Line:

This case isn’t just about one judge—it’s about how far judicial immunity goes.

If federal courts side with the prosecution, it could open the door to more legal accountability for state judges.

But if Dugan wins, it may strengthen protections for judges acting in contentious legal situations.

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