Former deputy assistant Attorney General Tom Dupree dissects the case of the Wisconsin Judge Hannah Dugan, who is accused of helping a migrant evade ICE agents on ‘The Story.’ Federal prosecutors are pushing back against Milwaukee Judge Hannah Dugan's motion to dismiss an indictment filed against her for allegedly helping an illegal immigrant evade Immigration and Customs Enforcement (ICE) officers in the Milwaukee County Courthouse last month. Dugan, 65, was indicted last month on federal charges of obstruction of proceedings before a U.S. agency and unlawful concealment of an individual subject to arrest. Her attorneys say she is entitled to judicial immunity and that the federal government overstepped its authority by arresting and charging her, violating her 10th Amendment rights and the principle of separation of powers, according to court documents filed in late May. On Wednesday, prosecutors filed a response to her motion to dismiss, noting that "the Supreme Court has made clear that judges are not immune from criminal liability." WISCONSIN JUDGE CLAIMS 'ABSOLUTE IMMUNITY,' CALLS DOJ INDICTMENT AN 'UGLY INNOVATION' Milwaukee County Circuit Judge Hannah Dugan leaves the federal courthouse after a hearing on Thursday, May 15, 2025 in Milwaukee. (Andy Manis, File) "In the end, Dugan asks for this Court to develop a novel doctrine of judicial immunity from criminal prosecution, and to apply it to the facts alleged in the indictment, all without reasonable basis—directly or indirectly—in the Constitution, statutes, or case law," prosecutors wrote. "In her lengthy memorandum, Dugan concedes that ‘[j]udges, like legislators and executive officials, are not above the law,’" they said. "Dugan’s desired ruling would, in essence, say that judges are ‘above the law,’ and uniquely entitled to interfere with federal law enforcement," prosecutors added. Federal prosecutors allege that the Milwaukee Circuit Court judge personally escorted Mexican illegal immigrant and domestic battery suspect Eduardo Flores-Ruiz out of the courthouse on April 18 while ICE agents were attempting to serve a warrant. NEW FOOTAGE SHOWS MILWAUKEE JUDGE CONFRONTING ICE BEFORE ALLEGEDLY HELPING ILLEGAL IMMIGRANT EXIT Eduardo Flores-Ruiz and Milwaukee County Circuit Court Judge Hannah Dugan. (DHS/Milwaukee Independent via AP) The surveillance footage recently released by Milwaukee County in response to an open records request appears to show Dugan, wearing her black robe, confronting ICE agents in the courthouse hallway. MILWAUKEE JUDGE HANNAH DUGAN TO ENTER PLEA IN FEDERAL COURT Federal prosecutors say members of ICE Enforcement and Removal Operations (ERO), along with federal partners from the FBI, DEA, and U.S. Customs and Border Protection, were preparing to serve Flores-Ruiz with a warrant in a public courthouse hallway on April 18 before his scheduled court appearance with Dugan. WATCH THE SURVEILLANCE FOOTAGE: After becoming aware of what federal officials described as a valid immigration arrest warrant for Flores-Ruiz, Dugan allegedly told agents that they needed a judicial warrant and told them to go to the chief judge's office. The agents then left their place in the hallway, at which point Dugan allegedly chose not to hold a hearing for Flores-Ruiz and "personally escorted" the suspect and his attorney through a private exit while the victims of his alleged crimes were in the courthouse at the time, the Justice Department said in a press release. MILWAUKEE COUNTY JUDGE HANNAH DUGAN INDICTED AFTER ALLEGEDLY HELPING ILLEGAL ALIEN EVADE ICE Supporters of Judge Hannah Dugan protest outside the United States Federal Building and Courthouse in Milwaukee on Thursday, May 15, 2025. (AP/Todd Richmond) While Dugan argues that ICE agents interrupted goings-on in the courthouse on April 18, prosecutors say it was Dugan who disrupted proceedings. "The evidence also will show that agents were not in the courtroom when Dugan took the bench, but that—after being told by a member of her staff that ICE agents were present in the hallway—Dugan chose to pause an unrelated case, leave her courtroom, disrupt proceedings in a colleague’s courtroom to commandeer her assistance, and then confront agents in the public hallway," the filing says. WISCONSIN JUDGE ACCUSED OF OBSTRUCTING ICE COULD FACE YEARS IN PRISON, DOJ HAS 'UPPER HAND': FORMER PROSECUTOR Judge Hannah Dugan allegedly told agents that they needed a judicial warrant and told them to go to the Chief Judge's Office. (Milwaukee County) Prosecutors say evidence also shows Dugan directing agents to the chief judge's office even while knowing he was out, then she "quickly returned to her courtroom and, among other things, directed [Florez-Ruiz's] attorney to ‘take your client out and come back and get a date; and then to go through the jury door and down the stairs' before physically escorting [Flroes-Ruiz] and his attorney into a non-public hallway with access to a stairwell that led to a courthouse exit," filings say. Dugan "did this all just days after thanking a colleague for providing information which explained that ICE could lawfully make arrests in the courthouse hall," prosecutors stated Wednesday. The surveillance footage released by Milwaukee County appears to show Judge Hannah Dugan, wearing her black robes, confronting ICE agents in the courthouse hallway. (Milwaukee County) "Put simply, nothing in the indictment or the anticipated evidence at trial supports Dugan’s assertion that agents ‘disrupted’ the court’s docket; instead, all events arose from Dugan’s unilateral, non-judicial, and unofficial actions in obstructing a federal immigration matter over which she, as a Wisconsin state judge, had no authority," the document reads. "At the very least, for purposes of deciding this motion, Dugan’s claims to the contrary find no support in the indictment and should be rejected." One of Dugan's defense attorneys, Dean Strang, told Fox News Digital that her counsel has a "good reply" to prosecutors' Wednesday filing, but her team is waiting until their reply brief, due next Monday, to make it. The Milwaukee judge has pleaded not guilty to charges filed against her, and a federal judge has set her trial date for July 21. The FBI is seen arresting Milwaukee County Circuit Court Judge Hannah Dugan on April 25. (Obtained by Fox News) A federal indictment accuses Dugan of "falsely" telling federal officials in April that they needed a warrant to come into her courtroom during a scheduled appearance by Flores-Ruiz, an undocumented Mexican national facing three misdemeanor battery charges. Video footage appears to show Flores-Ruiz exiting the courthouse with his attorney, while an ICE agent follows him, and then running alongside the building for about a block before agents capture and arrest him. Federal officials arrested Dugan a week after the courthouse incident. Judge Hannah Dugan appeared in federal court to answer charges that she helped Eduardo Flores-Ruiz, an undocumented immigrant, elude federal arrest while he was making an appearance in her courtroom on April 18. (Scott Olson) Dugan could face a maximum sentence of six years. She has pleaded not guilty to the charges filed against her. Fox News Digital has reached out to her attorney, Craig Mastantuono, for comment on the footage. In April, Dugan's legal team also filed a motion to dismiss the federal case against her, saying the judge "is entitled to judicial immunity for her official acts." CLICK HERE TO GET THE FOX NEWS APP "Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset," the motion said. Fox News Digital's Rachel Wolf contributed to this report. Audrey Conklin is a digital reporter for Fox News Digital and FOX Business. Email tips to audrey.conklin@fox.com or on Twitter at @audpants. The hottest stories ripped from the headlines, from crime to courts, legal and scandal. By entering your email and clicking the Subscribe button, you agree to the Fox News Privacy Policy and Terms of Use, and
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