FBI agents said they arrested a Milwaukee judge on Friday on charges of obstructing immigration agents and piloted an undocumented immigrant through the court's side door while waiting for him to arrest him.
The decision to seek a judge in the incumbent state court is a major escalation in the Trump administration's fight against local governments over deportation. The administration demanded that local officials not hamper the federal efforts to deport millions of undocumented immigrants under the threat of investigation or prosecution, and sent a message that the arrests were intended to take more difficult boundaries with those who do so.
The judge's arrest, Hannah Dugan, comes after months of rising tensions between the Trump administration and the judiciary. President Trump and his top advisers repeatedly attacked “local judges” to halt or question the actions the administration had taken, especially in immigration cases.
Trump's drive to round out and deport many of his immigrants has also led to other disputes with federal judges, particularly over the use of alien enemy laws.
In Milwaukee's case, the claims explained the conflict last Friday at Dugan Court. A federal agent said, “I was visibly upset and angry.”
According to the criminal charges, the judge told him to stand up to the agent and speak to the court's Supreme Court justice. She then returned to court.
“Even though he was advised on an administrative warrant for Flores Lewis' arrest, Judge Dugan escorted Flores Lewis and his lawyers through the “jugal door” leading to the private area of ​​Cruz House.”
Agents from the Drug Enforcement Agency discovered Flores Lewis leaving the building and notified his colleagues, according to the complaint. The agent approached him on the street outside the courthouse. “The foot pursuit continued,” the complaint said. “The agent pursued Flores Lewis across the entire length of the court,” he arrested him, the complaint said.
The judge was charged with obstructing federal agency lawsuits and hiding an individual to prevent his discovery and arrest.
After a brief appearance as a defendant in a federal court in Milwaukee, the judge was released in her own recognition after being deployed about a mile from her own court.
In a statement, the judge's defense team said she will fight the charges.
“Judge Dugan looks forward to fiercely defending herself and exonerating her,” the statement said, adding that she had hired former US lawyer Stephen Biscupic to represent her. “Judge Hannah C. Dugan has given himself to the rule of law and legitimate procedure principles throughout his career as a lawyer and judge.”
The bureau arrested Judge Dugan on suspicion that FBI director Kash Patel “intentionally misdirected a federal agent in the wrong direction” before the charges were sealed on social media on Friday.
Milwaukee County executive David Crowley criticized the FBI's handling of the lawsuit.
“It is clear that the FBI is politicizing this situation and setting an example for her and others who oppose the attacks on the judicial system and our country's immigration law,” he said in a statement.
Wisconsin Democratic Gov. Tony Evers also raised concerns about how the Trump administration is treating judges. “Unfortunately, we have been trying to attack and undermine the judiciary at all levels in recent months by repeatedly using dangerous rhetoric by the President and Trump administration.
Attorney General Pam Bondy defended the judge's arrest and told Fox News that when someone “disrupts justice by escorting criminal defendants through the back door, it is not tolerated.”
“It doesn't matter who you are. You'll be charged,” Bondy said.
Bondy also discussed the recent arrest of a former New Mexico judge. He was charged with a disability that had federal agents harbored someone who said they were members of a Venezuelan gang.
“Some of these judges think they're beyond the law, they're not,” she said. “We'll come after you and prosecute you. We'll find you.”
Christopher A. Wellborn, president of the National Association of Criminal Defense Bars, responded with caution to the judge's arrest, saying American democracy was “based on judicial independence.”
“Retaliation action from the administrative agencies that seem to undermine the foundation requires our unwavering scrutiny and overwhelming response,” he added.
Milwaukee County Chief Judge Carl Ashley said in a statement that Judge Dugan's caseload was handled by another jurist in the court and declined to comment further.
The Trump administration vows to investigate and prosecute local officials who do not support federal immigration enforcement efforts, denounced what they call “sanctuary cities” for federal concerns of millions of unspoken immigrants and for not supporting deportation.
Although there is no exact legal definition for sanctuary cities, the term generally refers to places where local governments place limits on the amounts they support federal authorities in their deportation efforts. Differences in opinion about immigration enforcement are often political and policy fights, but there are also significant differences in federal and local laws that contribute to different approaches.
The Justice Department urged prosecutors to look for cases in which local governments attempted to halt or obstruct immigration agents, whether they were local, state, or court officials.
The Milwaukee case frequently comes with a flashpoint in the debate when immigration agents try to arrest immigrants who appear in state court. Local governments often stir up such efforts, claiming that public safety is at risk when people who deal with relatively minor legal issues feel it is not safe to enter court.
One witness said the charges against Judge Dugan suggested that immigration agents were furious to learn they were in court, calling it “absurd.”
Initially, the judge asked if he was in court for the hearing and when the agent said no, the judge said “the agent said 'we need to leave the court'.”
Judge Dugan then asked the agent if he had a judicial warrant. According to the complaint, the agent replied that it was a management warrant. ICE usually uses a management warrant. This is issued by the agency and arrests people.
Such a warrant does not have the same authority as a warrant issued by a judge. This means that people at home typically don't have to own administrative warrants alone and open the door to immigration agents.
During the first Trump administration, a local Massachusetts judge was charged with federal charges claiming he had obstructed immigration authorities. The charges were dropped after the judge agreed to introduce himself to potential judicial discipline.
The case also included allegations that the judge allowed the defendant to leave the building via the back door to avoid detention. The Massachusetts Judicial Action Committee filed a formal disciplinary charge against Judge Shelley Joseph. She denied any misconduct.
Glenn Thrush, Julie Bossman and Chris Cameron Reports of contributions.
