Judge allows Dugan case to proceed

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MADISON, Wis. (AP) — A federal judge on Tuesday allowed the case to proceed against a Wisconsin judge accused of helping a man evade U.S. immigration agents seeking to arrest him in her courthouse.

Milwaukee County Circuit Judge Hannah Dugan was arrested at the county courthouse in April and indicted on federal charges in May. She quickly filed a motion to dismiss the charges.

U.S. District Judge Lynne Adelman on Tuesday rejected Dugan’s motion. A magistrate judge in July had recommended the case proceed. Adelman’s decision could be appealed to the 7th U.S. Circuit Court of Appeals.

“There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job,’” Adelman wrote. “Even if a more limited version of judicial immunity exists, it does not support dismissal of the instant indictment.”

Attorneys for Dugan had no immediate comment.

Dugan has pleaded not guilty to helping the man in the country illegally try to evade authorities. No trial date has been set. She faces up to six years in prison and a $350,000 fine if convicted on both counts.

The case highlighted a clash between President Donald Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown.

Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to its deportation efforts.

Dugan filed a motion in May to dismiss the charges against her, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. She argued that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.

Dugan also argued that the prosecution under federal law violated the U.S. Constitution’s separation of powers because it overrides the state of Wisconsin’s ability to administer its courts.

But Adelman rejected her arguments.

Dugan is charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. Prosecutors say she escorted Eduardo Flores-Ruiz, 31, and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country without permanent legal status.

Agents arrested Flores-Ruiz outside the courthouse after a brief foot chase.

A scheduling hearing is scheduled for Sept. 3.

Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.