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Justice Department Urges Rejection of Dismissal Motion in Judge Dugan’s ICE Case

Her team invokes a 2024 Supreme Court ruling on immunity to argue that judges cannot face criminal charges for managing courtroom procedures.

FILE - Milwaukee County Circuit Judge Hannah Dugan leaves the federal courthouse after a hearing Thursday, May 15, 2025, in Milwaukee. (AP Photo/Andy Manis, File)
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Overview

  • Judge Hannah C. Dugan is charged with misdemeanor concealment and felony obstruction for allegedly escorting Eduardo Flores-Ruiz out of her courtroom through a side door to help him evade ICE agents on April 18.
  • After pleading not guilty on May 15, Dugan’s lawyers filed a motion to dismiss the indictment, asserting she is immune from prosecution under absolute judicial immunity for official judicial actions.
  • On June 9, Justice Department attorneys filed a brief opposing the dismissal, warning that granting immunity here would be unprecedented and effectively place state judges above federal law enforcement.
  • More than 100 retired federal and state judges, led by former Colorado Chief Justice Michael L. Bender, submitted a supporting brief arguing that prosecuting courtroom management decisions threatens judicial independence and state sovereignty.
  • Dugan’s trial is set for July 21, and her legal defense fund has raised over $137,000 from more than 2,800 donors to cover her mounting legal expenses.