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MILWAUKEE — On Friday, an unprecedented event occurred when the FBI arrested Judge Hannah Dugan of Milwaukee, accused of helping a man evade immigration authorities. This incident underscores the ongoing friction between the judiciary and the Trump administration over the latter’s stringent immigration policies.
FBI Director Kash Patel took to social media to allege that Judge Dugan “intentionally misdirected” federal agents who were trying to apprehend a suspect at her courthouse last week.
“Fortunately, our agents pursued the suspect on foot, and he has been in custody since then, but the Judge’s interference heightened the risk to public safety,” Patel stated.
Dugan’s arrest occurred early Friday on the courthouse premises, as confirmed by U.S. Marshals Service spokesperson Brady McCarron. She briefly appeared in federal court later that day before being released, with her next court date scheduled for May 15.
“Judge Dugan deeply regrets and contests her arrest. It was not conducted in the interest of public safety,” her attorney, Craig Mastantuono, remarked during the hearing. He declined to comment to an Associated Press reporter following the court session.
Dugan faces charges for “concealing an individual to prevent his discovery and arrest,” along with obstructing or impeding a proceeding. The allegations suggest she aided Eduardo Flores-Ruiz and his attorney in evading arrest by guiding them out of the courtroom through a jury door on April 18, according to an FBI affidavit.
The affidavit reveals that Dugan learned of U.S. Immigration and Customs Enforcement agents’ presence in the courthouse through her clerk, who had received information from an attorney about the agents being in the hallway.
Witnesses reported that upon the arrival of the immigration agents, Dugan appeared “visibly angry” and described the situation as “absurd.” She then left her bench and withdrew to her chambers. The affidavit details that she and another judge later confronted the arrest team inside the courthouse, displaying what was described as a “confrontational, angry demeanor.”
Dugan asked the officers if they had a judicial warrant and was informed that the warrant was administrative. Following a discussion about the warrant, she insisted that the arrest team consult with the chief judge, which led them away from the courtroom.
After directing the arrest team to the chief judge’s office, investigators allege that Dugan returned to the courtroom and was heard instructing Flores-Ruiz and his lawyer to “wait, come with me” as she led them through a jury door into a non-public area of the courthouse. This action was noted as unusual, as the affidavit stated that “only deputies, juries, court staff, and in-custody defendants being escorted by deputies used the back jury door. Defense attorneys and defendants not in custody never used the jury door.”
This arrest highlights the growing divide between the Trump administration and the judiciary concerning executive actions on immigration and other issues. Administration officials have been vocal in their criticism of what they label as “activist” judges, claiming they have overstepped their authority and unduly obstructed the president’s initiatives.
U.S. Senator Tammy Baldwin, a Democrat from Wisconsin, characterized the arrest of a sitting judge as a “gravely serious and drastic move” that poses a threat to the separation of powers between the executive and judicial branches.
“Let there be no doubt, we do not have kings in this country; we are a democracy governed by laws that everyone must follow,” Baldwin stated in an email response. “By consistently attacking the judicial system, ignoring court orders, and arresting a sitting judge, this President jeopardizes the fundamental democratic values cherished by Wisconsinites.”
This situation bears similarities to a case from the early Trump administration, where a Massachusetts judge was accused of helping a defendant escape through a back door to avoid immigration enforcement.
That prosecution sparked outrage within the legal community, with many condemning it as politically motivated. Eventually, under the Biden administration, prosecutors dropped the case against Newton District Judge Shelley Joseph in 2022 after she agreed to refer herself to a state agency investigating judicial misconduct.
The Justice Department had previously signaled its intention to adopt a tougher approach toward local officials who obstruct federal immigration efforts.
In January, the department directed prosecutors to investigate any state and local officials who impede federal operations, potentially leading to criminal charges. The memo referenced conspiracy offenses and laws against harboring individuals illegally in the country as potential avenues for prosecution.
“No one is above the law,” Attorney General Pam Bondi stated in a social media post on Friday.
Dugan has been serving in the county court Branch 31 since her election in 2016 and has experience in both probate and civil divisions of the court, according to her judicial candidate biography.
Before her election, Dugan worked for Legal Action of Wisconsin and the Legal Aid Society. She earned her bachelor’s degree from the University of Wisconsin-Madison in 1981 and obtained her Juris Doctorate from the same institution in 1987.
—Richer reported from Washington. Associated Press reporter Eric Tucker in Washington contributed.
