A U.S. magistrate judge has recommended that the federal case against Wisconsin Judge Hannah Dugan be allowed to proceed, rejecting her motion to dismiss charges related to obstructing an immigration arrest. Dugan was charged in April for allegedly assisting a Mexican immigrant, Eduardo Flores-Ruiz, in evading federal custody following a court hearing in Milwaukee.

Dugan pleaded not guilty and argued that her actions were part of her official judicial duties, claiming that prosecuting her violated the constitutional separation of powers. However, Magistrate Judge Nancy Joseph ruled that judicial immunity does not protect actions that potentially violate criminal law. She emphasized that disagreements over key facts in the case should be resolved in a trial, not through dismissal.

Federal authorities allege that Dugan escorted Flores-Ruiz and his attorney out of her courtroom using a jury exit, bypassing federal agents stationed in the public hallway. Flores-Ruiz was eventually spotted and apprehended by the agents. Days later, Dugan was arrested and publicly handcuffed. The Wisconsin Supreme Court subsequently suspended her from her official duties pending further developments.

If convicted, Dugan could face up to six years in prison and a $350,000 fine. Her attorney, Steven Biskupic, expressed disappointment with the ruling and announced plans to appeal the magistrate’s recommendation, framing it as part of a broader battle to protect judicial independence.

Flores-Ruiz, who had been deported in 2013, recently pleaded guilty to reentering the U.S. illegally. He faces up to two years in prison and will be deported again upon completing his sentence. Attorney General Pam Bondi criticized Dugan’s actions, citing Flores-Ruiz’s alleged involvement in a violent domestic assault, further fueling debate over the judiciary’s role in immigration enforcement.