A federal trial is set to kick off Monday in the case of Milwaukee County Court judge, Hannah Dugan, who is facing charges of felony obstruction for allegedly helping an illegal immigrant evade Immigration and Customs Enforcement agents. 

Critics say the charges and trial are meant to intimidate the judiciary and suppress opposition to the administration’s immigration crackdown. The Department of Homeland Security has criticized Judge Dugan, saying she has taken the term “activist judge” to a “whole new meaning.”

The charges stem from an April 18 incident involving an illegal immigrant who was in court on misdemeanor charges, Eduardo Flores-Ruiz. Prosecutors say that Judge Dugan was tipped off to the presence of Immigration and Customs Enforcement agents in the courthouse and argued with them over the “absurd” situation. She then allegedly escorted Flores-Ruiz out a back door, though he was detained after a foot chase and deported in November. 

Judge Dugan was indicted by a grand jury. She pleaded not guilty and has tried to get the case dismissed, arguing that she is immune from prosecution because she was acting in her official capacity. 

The district court judge overseeing the case, Lynn Adelman, rejected that immunity argument. She said that Judge Dugan could not be held criminally liable if it is shown that her judicial actions were done in good faith. However, she found that Judge Dugan’s actions, as laid out in the indictment, do not fall under that exception for immunity. 

Prosecutors will have to prove that Judge Dugan intended to “corruptly obstruct” ICE officials and “harbor and conceal” Flores-Ruiz.

Attorneys for the prosecution and the defense team are hoping that an audio recording from inside the courtroom will bolster their cases. Judge Dugan’s defense team filed a motion to suppress most of the audio, some of which reportedly includes profane comments from her clerk about ICE agents.

Judge Adelman rejected a motion from the prosecutors to suppress Judge Dugan’s team from talking about her “good motives” and “prior good acts” during the trial, which could be used as evidence of her “mental state” and whether or not she intended to “corruptly obstruct” officials. 

Judge Dugan has also argued that she was not acting “corruptly” to obstruct ICE officials, but was trying to “follow the rules” and comply with guidance issued by the Milwaukee County chief judge, Carl Ashley, which said that officials cannot make immigration arrests in nonpublic parts of the courthouse. Judge Dugan has also argued that the guidance prevents federal officials from making immigration arrests in the courtroom or the hallway. 

In January, the Trump Administration issued guidance that said federal officials can conduct arrests in courthouses if they think someone will try to hide there. 

Judge Dugan has been suspended from her judicial duties as the case plays out. Attorneys have said they hope that the case will go to the jury by December 19. 

Judge Dugan’s trial has echoes of an incident from President Trump’s first term. In 2019, Massachusetts-based Judge Shelley Joseph was charged with allegedly helping a migrant escape arrest at her courthouse.

President Biden’s Department of Justice dropped the charges, though she did receive a public reprimand. In November 2025, the Massachusetts Judicial Conduct Commission recommended that Judge Joseph be suspended and referred to the state legislature for removal. But a judicial hearing officer, Denis McInerney, decided only to issue a reprimand and did not refer Judge Joseph for removal.

“While I fully share the view that public trust in the judiciary is an important consideration, I disagree that Judge Joseph is unable to command the public’s respect and authority in the future,” Mr. McInerney wrote in his decision.