A Wisconsin judge accused of helping a man evade immigration agents is set to enter a plea

MILWAUKEE (AP) — A Wisconsin judge accused of helping a man evade U.S. immigration authorities was set to appear in federal court Thursday and enter a preliminary plea.

Milwaukee County Circuit Judge Hannah Dugan is charged with concealing an individual to prevent arrest and obstruction. Prosecutors say she escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back jury door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking his arrest for being in the country illegally. She could face up to six years in prison if convicted on both counts

Dugan was scheduled to appear in federal court Thursday morning for an arraignment, an early step in the criminal justice process. Defendants routinely plead not guilty at this point to give their attorneys time to investigate and to preserve their right to a trial.

The FBI arrested Dugan on April 25 at the courthouse where she works and she was later released from custody. Her arrest escalated a clash between the Trump administration and Democrats over President Donald Trump’s immigration crackdown. Her case is similar to one brought during the Trump’s first term against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent.

Dugan’s attorneys filed a motion Wednesday to dismiss the case, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. They also maintain the federal government violated Wisconsin’s state sovereignty by disrupting a state courtroom and prosecuting a state judge.

According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. Online state court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March. He was in Dugan’s courtroom on April 18 for a hearing.

Court documents say Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. An affidavit says Dugan was visibly angry and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor.”

After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them from the courtroom, according to the affidavit.

After she returned to the courtroom, witnesses heard her say something to the effect of “wait, come with me” before ushering Flores-Ruiz and his attorney out through a door typically used only by deputies, jurors, court staff and in-custody defendants, according to the affidavit. Flores-Ruiz was free on a signature bond in the abuse case, according to online state court records. Federal agents ultimately captured him outside the courthouse after a foot chase.

The state Supreme Court suspended Dugan last week, saying the move was necessary to preserve public confidence in the judiciary.

A former federal prosecutor in Wisconsin, John Vaudreuil, said the Trump administration wants to make an example out of Dugan. U.S. Attorney General Pam Bondi or Deputy Attorney General Todd Blanche are likely making the decisions on how to proceed rather than the local U.S. attorney in Milwaukee, making it less likely prosecutors will reduce the charges against Dugan in a deal, he said.

Her attorneys will likely try to push the case to a jury trial, Vaudreuil said, because they know that “people feel very strongly about the way the president and administration is conducting immigration policy.”

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Associated Press writer Scott Bauer in Madison, Wisconsin, contributed to this report.