Judge Hannah Dugan Arrested for Allegedly Aiding Immigrant's Escape from ICE Custody

By Devin Breitenberg

In a case that is rapidly becoming a national flashpoint, Milwaukee County Circuit Court Judge Hannah Dugan was arrested Friday by FBI agents at the Milwaukee County Courthouse, where she has presided over cases for nearly a decade. Dugan faces federal charges of obstructing immigration enforcement and concealing a person from arrest, following an alleged attempt to help an undocumented immigrant evade U.S. Immigration and Customs Enforcement (ICE) agents.

The stunning arrest of a sitting judge has already ignited fierce debates about judicial independence, immigration enforcement, and the appropriate limits of federal authority over local courts.

The Incident: What Happened on April 18?

According to a 13-page affidavit filed in U.S. District Court, the controversy centers around an incident on April 18. Eduardo Flores-Ruiz, a 32-year-old undocumented immigrant, appeared at the Milwaukee County Courthouse for a scheduled hearing regarding domestic abuse allegations. Unbeknownst to many inside the courtroom, ICE agents were stationed in the courthouse, armed with an administrative warrant — a civil, not criminal, order that lacks judicial endorsement.

When ICE agents attempted to take Flores-Ruiz into custody inside the courthouse, Judge Dugan allegedly intervened. According to court documents, she questioned the legality of the warrant and the agents' authority to arrest someone inside a courtroom without a criminal warrant. In a move federal prosecutors now characterize as obstruction, Judge Dugan allegedly directed Flores-Ruiz and his legal counsel to exit the building through a restricted jury room, avoiding the agents stationed near the public exits.

Flores-Ruiz was later apprehended by ICE after a brief foot chase several blocks from the courthouse. Prosecutors argue that Judge Dugan's actions directly enabled his attempted flight.

Legal Charges: What's at Stake?

Judge Dugan, age 65, now faces two serious federal charges:

Obstruction of Proceedings Before a Federal Agency (18 U.S.C. § 1505)

Concealing a Person from Arrest (18 U.S.C. § 1071)

If convicted, she could face up to six years in federal prison and fines exceeding $500,000. She was released on her own recognizance following a preliminary hearing and is due back in court on May 15, 2025.

In court filings, federal prosecutors accused Dugan of abusing her authority as a judge to interfere with lawful federal enforcement. "The judiciary must remain neutral," U.S. Attorney Gregory Haanstad said in a statement. "Judge Dugan crossed a line when she actively facilitated the evasion of lawful federal authority."

Political Firestorm: Judicial Independence vs. Federal Power

Judge Dugan’s arrest has sharply divided politicians, legal scholars, and public opinion.  Democratic leaders, including Wisconsin Governor Tony Evers and Senator Tammy Baldwin, blasted the arrest as a dangerous precedent. "Judges must be free to exercise discretion without fear of retaliation from federal agencies," Baldwin said. "This arrest threatens the very foundation of an independent judiciary."

Senator Bernie Sanders of Vermont called the arrest "a chilling overreach by federal law enforcement that will have ramifications for judicial independence across the country."  In contrast, Republicans praised the swift federal action. House Speaker Mike Johnson issued a statement emphasizing the need for public officials, including judges, to comply with federal immigration laws. "No one, regardless of title or robe, is above the law," he wrote.

Who Is Judge Hannah Dugan?

Judge Dugan has served on the Milwaukee County Circuit Court since her appointment in 2016 and election in 2017. Known for her focus on public service and access to justice, she previously worked for organizations like Catholic Charities and the Legal Aid Society of Milwaukee. She also held leadership roles with the Milwaukee Bar Association and was respected for her advocacy on issues such as homelessness, domestic violence, and immigrant rights.

Dugan’s background and reputation make her arrest all the more surprising to colleagues and observers. "Judge Dugan has always been committed to fairness and justice for the marginalized," said Professor Linda Greene of the University of Wisconsin Law School. "This case raises profound questions about the line between judicial compassion and judicial obstruction."

Larger Context: Growing Tension Over Immigration Enforcement

The arrest comes amid escalating tensions nationwide between federal immigration authorities and local governments. In recent years, cities and states designated as "sanctuary jurisdictions" have increasingly clashed with ICE over enforcement tactics, particularly regarding civil administrative warrants.

Legal experts note that administrative warrants do not carry the same legal weight as criminal warrants, and judges often have discretion over what happens inside their courtrooms. "There’s a gray area here," said immigration attorney Carlos Marin. "Federal law says one thing; local courtroom protocol says another."  Civil liberties advocates worry that Judge Dugan's arrest could have a chilling effect, discouraging judges from scrutinizing federal actions or protecting the due process rights of undocumented individuals.

What Happens Next?

Judge Dugan's legal team has already filed motions to dismiss the charges, arguing that her actions were lawful exercises of judicial authority within her courtroom and that she had no intent to obstruct justice. The Department of Justice, meanwhile, is pushing forward with the case. Flores-Ruiz, the man at the center of the controversy, remains in ICE custody and faces deportation proceedings.

A trial date for Judge Dugan has not yet been set but is expected to be scheduled this summer.

Devin Breitenberg is a legal consultant and senior counsel at Devin Law LLC and legal contributor  for Veritas Expositae.  You can reach her at devin.breitenberg@veritasexpositae.com