Wisconsin judge convicted of felony obstruction for interference in ICE arrest News
Federal Bureau of Investigations, Public domain, via Wikimedia Commons
Wisconsin judge convicted of felony obstruction for interference in ICE arrest

A federal jury on Thursday found Wisconsin circuit court judge Hannah Dugan guilty of felony obstruction charges stemming from her supposed interference in an Immigration and Customs Enforcement (ICE) courthouse arrest of an undocumented immigrant. The immigrant, Eduardo Flores-Ruiz had appeared in her courtroom on state charges when ICE agents arrived to arrest him.

After six hours of deliberation, the jury found Dugan guilty of obstructing a federal proceeding under 18 U.S.C. § 1505 but not guilty of concealing an individual from arrest under 18 U.S.C. § 1071. This marks the first federal conviction of a state judge for obstructing immigration enforcement.

Brad D. Schimel, United States Attorney for the Eastern District of Wisconsin, issued a statement following Thursday’s conviction:

I reiterate that ALL of us need to keep this case in proper perspective and peacefully accept the verdict. This was a serious matter for which it was necessary to seek to hold Judge Dugan accountable… A judge holds a high position of public trust, and Judge Dugan’s actions violated that trust… the Defendant’s actions provided an opportunity for a wanted subject to flee outside the courthouse, which led to a dangerous foot chase…

The charges arose from an April incident at the Milwaukee County Courthouse. According to the criminal complaint, after learning of ICE’s presence, Dugan confronted agents in the public hallway and directed them to the chief judge’s office. She then expedited Flores-Ruiz’s case and directed him through a non-public “jury door,” rather than the main courtroom exit. Flores-Ruiz was ultimately arrested after a foot chase outside the courthouse. Dugan was allegedly heard saying that she would “take the heat” for her actions. The Wisconsin Supreme Court temporarily suspended Dugan following her arrest. 

Dugan pleaded not guilty and the case went to trial. Her defense invoked both claims of absolute judicial immunity for official acts, and the common law privilege protecting courthouse attendees from civil arrest, citing Supreme Court precedent establishing that parties “are exempt from the service of civil process while in attendance upon court.”

This comes amidst ongoing disputes and rapidly changing law regarding immigration enforcement. Earlier this month, Illinois passed a law prohibiting civil immigration arrests of parties, witnesses, and court companions within courthouses and within 1,000 feet of court facilities. In November, a federal judge in New York law upheld a law which prohibits immigration enforcement agents from making arrests at or surrounding state courthouses.

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