Milwaukee — A federal grand jury indicted a Wisconsin judge on Tuesday for allegedly assisting a man in evading immigration authorities, allowing the case against her to proceed.
The arrest of Milwaukee County Circuit Judge Hannah Dugan heightened tensions between President Donald Trump’s administration and local officials over the Republican’s broad immigration crackdown. Democrats have accused the Trump administration of using Dugan as a national example to chill judicial opposition to the crackdown.
In April, prosecutors filed a complaint accusing Dugan of concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can charge a defendant directly by filing a complaint, or they can present evidence to a grand jury and let that body decide whether to charge them.
As a check on prosecutors’ power, a grand jury continues to review complaints to determine whether there is sufficient probable cause to continue the case. If the grand jury finds probable cause, it issues a written statement of the charges, known as an indictment. This is what happened in Dugan’s case.
Dugan could face up to six years in prison if convicted on both counts. Her defense attorneys responded to the indictment with a one-sentence statement stating that she remains innocent and hopes to be vindicated in court. She was set to enter a plea on Thursday.
Kenneth Gales, a spokesperson for the Milwaukee US Attorney’s Office, declined to comment on the indictment Tuesday evening.
Dugan’s case is similar to one brought against a Massachusetts judge during the first Trump administration for allegedly assisting a man in sneaking out a courthouse back door to avoid a waiting immigration enforcement agent. The case was eventually dismissed.
According to prosecutors, Dugan escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom on April 18 through a back jury door after learning that U.S. Immigration and Customs Enforcement agents were present to arrest him.
According to court documents, Flores-Ruiz illegally re-entered the United States after being deported in 2013. According to state court records, he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March. He was in Dugan’s courtroom on the morning of April 18 for a hearing.
According to court documents, Dugan’s clerk was alerted to the agents’ presence after being informed by an attorney that they appeared to be in the hallway.
According to an affidavit, Dugan was visibly angry when the agents arrived and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor.”
According to the affidavit, after a discussion with the agents about Flores-Ruiz’s warrant, Dugan demanded that they speak with the chief judge and led them out of the courtroom.
According to the affidavit, she then returned to the courtroom and was heard saying words like “wait, come with me” before escorting Flores-Ruiz and his attorney out through a back jury door typically used only by deputies, jurors, court staff, and in-custody defendants.
Flores-Ruiz was released on a signature bond in the abuse case at the time, according to online state court records.
Following a foot chase, federal agents apprehended him outside the courthouse.
The state Supreme Court suspended Dugan from the bench in late April, citing the need to maintain public trust in the judiciary. A reserve judge is filling in for her.