Gov. Tony Evers had already said he wasn’t directing state employees to break the law should immigration officials enter state buildings. Evers answers reporters questions in March. (Photo by Baylor Spears/Wisconsin Examiner)

Gov. Tony Evers issued a three-minute video Friday in which he addressed Wisconsinites, describing a statement  from the White House border czar Tom Homan that has been interpreted by some as a threat to arrest Evers as “chilling.” 

Homan made the vague threat after a reporter for the far-right website Gateway Pundit asked him “why not just arrest” leaders interfering with deportation efforts. The reporter then specifically asked him about Evers’ directive to state agencies instructing them to consult an attorney if federal immigration agents enter state buildings demanding files or computer system access.

“Wait to see what’s coming,” Homan said. “You can not support what we’re doing and you can support sanctuary cities if that’s what you want to do, but if you cross that line of impediment or knowingly harboring or concealing an illegal alien, that is a felony and we’ll treat it as such.” 

Before the comment, Evers had already said he wasn’t directing state employees to break the law should immigration officials enter state buildings.

“A Trump Administration official, in not so many words, apparently threatened to arrest me… The goal of this guidance was simple — to provide clear, consistent instructions to state employees and ensure they have a lawyer to help them comply with all federal and state laws. Nothing more, nothing less,” Evers said in the video. “But Republicans and their right-wing allies, including Elon Musk, lied about this guidance, spread misinformation, accused me of doing things I didn’t do or say, and fueled a fake controversy of their own creation.”

The guidance sent by the Department of Administration to state employees told them to stay calm if an ICE agent entered their offices. It told them to ask agents for their names and badges to verify their identity, to ask why they were there, ask for documentation like a valid warrant then tell the agent to have a seat. It said state employees should call the Office of Legal Council to consult an attorney.

It also told employees not to answer questions from an agent, give them access to paper files and computer systems without speaking to an attorney and not to give consent for an agent to enter a “nonpublic” area, noting that they need a judicial warrant to enter such an area. 

“Remember that every state employee has a duty to protect confidential data and information collected or maintained by the State of Wisconsin in state offices and electronic filing systems,” the guidance stated. 

“I haven’t broken the law. I haven’t committed a crime, and I’ve never encouraged or directed anyone to break any laws or commit any crimes,” Evers said in the video. “When President Trump’s hand-picked appointee, Tom Homan, was asked about me and this guidance after he apparently threatened to arrest elected officials across the country, he said, ‘Wait ’til you see what’s coming.’ Overnight, Republican lawmakers piled on, encouraging the Trump Administration to arrest me.” 

Evers’ directive had received backlash from Wisconsin Republicans who called on Evers to rescind the guidance and support Trump’s deportation agenda. 

One Republican state lawmaker Rep. Calvin Callahan (R-Tomahawk) suggested in multiple social media posts Thursday that Evers should be arrested — sharing an AI-generated photo of Evers in handcuffs and writing in another post that “this is what Tony Evers sent out; stick him in the same cell as the Milwaukee judge!” Milwaukee County Judge Hannah Dugan was arrested last week under accusations that she impeded the arrest of a man that ICE followed to her courtroom. 

Evers said the threats should concern everyone.

“In this country, the federal government doesn’t get to abuse its power to threaten everyday Americans. In this country, the federal government doesn’t get to arrest American citizens who have not committed a crime. In this country, we don’t threaten to persecute people just because they belong to a different political party,” Evers said. 

“These threats represent a concerning trajectory in this country. We now have a federal government that will threaten or arrest an elected official — or even everyday American citizens — who have broken no laws, committed no crimes, and done nothing wrong,” Evers said. “As disgusted as I am about the continued actions of the Trump Administration, I am not afraid. I have never once been discouraged from doing the right thing, and I will not start today.”

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Young protesters express their support for Sawyer County Judge Monica Isham, who has been criticized by Republicans for her comments about safety in the courtroom after the arrest of Judge Hannah Dugan in Milwaukee | Photo by Frank Zufall/Wisconsin Examiner

Sawyer County Circuit Judge Monica Isham drew rebukes from Republican elected officials and conservative media outlets after she reportedly expressed concerns for her safety in court after the April 25 arrest of Milwaukee County Circuit Court Judge Hanna Dugan.

The Examiner has not been able to confirm the authenticity of the email, but WISN News, the ABC affiliate in Milwaukee, reported that two Wisconsin judges confirmed to the station that they had received it from Isham. In the email, Isham allegedly said she would  refuse to appear in  court unless she received “guidance” and “support” concerning the presence and permissible activities of ICE agents. 

Over the weekend of April 26-27, right-wing media outlets obtained and shared the email they claimed Isham sent to other judges.

On Monday and Tuesday Isham appeared in court via Zoom.

There is also  added security in the court, and a Sawyer County Deputy told the Wisconsin Examiner there had been a threat to a judge.  

Isham was elected in November 2023 to the newly created Branch 2 court in an uncontested race. She is a member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is the first female and first Native American judge in Sawyer County and only the second Native American circuit court judge in Wisconsin.

In the email, Isham reportedly noted she had sworn an oath of support to the U.S. and the Wisconsin constitutions. She also reportedly added that  Judge Dugan was standing by her oath of office when she confronted ICE officers who came to her courtroom in Milwaukee and escorted the defendant they’d come to arrest out a side door. 

“Yesterday, Judge Hannah Dugan of Milwaukee County stood on her Oath in the very building she swore to uphold it and she was arrested and charged with felonies for it. Enough is enough,” the email message said.

“I have no intention of allowing anyone to be taken out of my courtroom by ICE and sent to a concentration camp, especially without due process as BOTH of the constitutions we swore to support requires. Should I start raising ball money?”

Criticism of Isham

Isham’s reported threat to not hold court out of concern about interactions with ICE agents drew criticism from three northern Wisconsin Republican legislators who represent Sawyer County.

Republican U.S. Rep. Tom Tiffany said Isham should resign.

“Monica Isham is choosing to protect illegal aliens over the law,” Tiffany wrote on X. “She should resign or be removed.”

State Sen. Romaine Quinn and state Rep. Chanz Green,  issued a joint statement: “Wisconsin’s Code of Judicial Conduct requires a judge to uphold the integrity of the judiciary. It further states that ‘a judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.’

“Judge Isham’s threat to close court certainly does not promote public confidence in our court system or uphold the integrity of her position as a public official in this state. It is a disservice to the residents of Sawyer County.”

In their joint statement, Quinn and Green note that there had been an intensive effort to expand Sawyer County’s court to the second branch, which was officially recognized in 2023, and they go on to say that if Isham will not exercise her duties, then she should resign.

The Republican Party chair for the 7th CD, Jim Miller, who is also the president of the Hayward City Council, said he has empathy for Judge Isham for saying in the email that she had faced racism in her courtroom.

“That’s sad that she’s had to face that,” said Miller. “If that were my court and I faced racism, I would have held those people in contempt of court.”

However, Miller said that Isham’s threat not to hold court was drawing the ire of many people he had talked to.

“That does not sit well with people because they expect her to be a public servant,” said Miller. “If she is going to get a paycheck, she should come in and do her job. You can’t just boycott working as a public servant. It doesn’t work that way.”

Isham has so far continued to hold court via Zoom. 

Miller is also critical of Isham reportedly mentioning those detained by ICE would be sent to a “concentration camp.”

“My recommendation would be for her to at least clarify or maybe apologize for that statement, because that’s a stretch beyond stretch,” said Miller. “People like to throw out the Nazi references on both sides of the aisle, and it really muddies the argument of what’s going on.”

He added, “I think her emotions got the best of her, but I think people have real questions about her ability to make sure that justice is blind at this point, and that’s the biggest concern.”

Support for Isham

On Thursday, May 1, there was a large demonstration at the corners of state highways 27 and 63 in the city of Hayward with many people holding signs supporting Isham.

At 2 p.m. approximately 80 demonstrators left the corner by the state highways and walked two blocks by the Sawyer County Courthouse, and they were joined at the courthouse by over 20 students from Lac Courte Oreilles K-12 school who said they came out to support Isham, a fellow tribal member.

 “I’m here to fight for Judge Isham and what we stand for, and I find it inspiring to be here,” said Ashland Demonie, 14.

However, Denomie was also appalled to see some adults driving by swearing at the students and giving the youngsters the middle finger.

“It bothers me because we are just children here fighting for our rights and fighting for who we are, and seeing how harsh some adults respond, who should be more mature, is troubling,” she said.

Ode’iminke Leach, 15, is also a student who came out to support Isham and advocate for Native Americans.

“I’m out here protesting because I support Judges Isham and Dugan,” said Elizabeth Riley of Hayward, a Democrat who has run twice for the 74th Assembly District.

Riley said she feared that under President Donald Trump, the U.S. would not follow the rule of law but become more like a developing nation where authority is in the hands of a powerful individual rather than the written law and guaranteed rights.

Mary Vintcenda of the village of Exeland said she was at the demonstration to support Isham and the rule of law.

“I support Judge Isham because she is standing up for the rule of law,” said Vintcenda, who was joined at the demonstration with her brother, Tom, who was also holding a sign. “She’s standing up for what’s right, and I wish others would join us.”

“So we’re out here supporting Judge Monica Isham,” said Paul DeMain, former editor and owner of News from Indian Country and a Native American active in Democratic politics who has run for state Senate.

DeMain said Isham’s email represents concerns that many judges have across Wisconsin after the arrest of Dugan.

“My understanding is the entire state is engaged in a discussion about how to deal with potential ICE raids in the courtroom,” he said.

DeMain said ICE actively pursuing suspects in a court will discourage witnesses from appearing in court if they fear being arrested by ICE.

“Are they going to show up in the courtroom to testify if they think they’re going to get hauled out and deported to El Salvador and put in a concentration camp?” asked DeMain. “These courts need to be safe. They need to be involved with respecting that due process for all U.S. citizens and all people in this country and let the process work it out.”

He added, “I think what’s going on with this administration, showcasing for publicity reasons the arrest of the Milwaukee judge with massive law enforcement officers, cuffing the judge outside in the parking lot, inviting all the right-wing media to take pictures — these are staged events meant to [cause]  U.S. citizens to be afraid to speak up, to be afraid to have an oppositional view, to stand up for citizens’ rights in this country.”

Protesters gather outside the Federal Building in Milwaukee to denounce the arrest of Circuit Court Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)

Smart, progressive women pose a serious threat to MAGA supremacy. Just ask Elon Musk, who wasted millions of dollars in Wisconsin trying to win a seat on the state Supreme Court for MAGA candidate Brad Schimel, only to watch Susan Crawford clean Schimel’s clock.

From his first presidential campaign against Hillary Clinton in 2016, “Lock her up!” has been Donald Trump’s battle cry. Restoring the greatness of a white, male-dominated America apparently requires menacing displays of dominance over women in positions of authority. Who can forget Trump acting like a stalker, invading Clinton’s personal space and looming behind her during a 2016 debate?

On Friday, a few weeks after MAGA lost its bid to disempower the progressive female majority on the Wisconsin Supreme Court, the Trump administration sent federal agents to arrest Hannah Dugan at the Milwaukee County Courthouse. Trump’s attorney general and the man he chose to lead the FBI gleefully posted pictures of Dugan’s “perp walk” in handcuffs, crowing about this unprecedented assault on the dignity and authority of a judge and the sovereignty of local courts.

On Tuesday, the Wisconsin Supreme Court suspended Dugan. “In order to uphold the public’s confidence in the courts of this state during the pendency of the criminal proceeding against Judge Dugan, we conclude, on our own motion, that it is in the public interest that she be temporarily relieved of her official duties,” the state’s highest court said in a two-page letter ordering Judge Dugan “temporarily prohibited from exercising the powers of a circuit court judge.”

It’s a perplexing decision. It didn’t arise from any complaint; the Court acted on its own. And Dugan had already been relieved of her duties while she focuses on her defense by the chief judge in Milwaukee, who assigned her calendar to other judges to cover.

Worse, the suspension gives the impression that the federal charges against Dugan are indeed serious. But that impression is not supported by the only evidence the government has produced.

The justification for Dugan’s arrest, laid out in a federal criminal complaint, is that she impeded federal law enforcement agents when she objected to ICE disrupting her court’s proceedings and ushered the man they came to arrest out a side door. The defendant, Eduardo Flores-Ruiz, who was appearing before Dugan on a misdemeanor battery charge unrelated to his immigration status, exited into the public hallway where the agents were waiting for him. Then they followed him outside and made their arrest — unimpeded.

Fox News claimed Dugan concealed Flores-Ruiz in a jury room. But that assertion is contradicted by the sworn testimony in the government’s own criminal complaint. 

The complaint features breathlessly sexist descriptions of Dugan appearing “visibly angry” and “walking quickly,” as if that were evidence of wrongdoing. But any actual wrongdoing is hard to pinpoint.

“Whatever you think of the actual conduct the complaint alleges,” says Dean Strang, a law professor at Loyola University Chicago School of Law and a long-time Wisconsin criminal defense lawyer, “there is a real question about whether there’s even arguably any federal crime here.” 

The government’s behavior, meanwhile, is “extraordinarily atypical,” for a nonviolent, nondrug charge involving someone who is not a flight risk, says Strang.

The handcuffs, the public arrest at Dugan’s workplace, the media circus — none of it was normal, or justified. Then Trump’s Attorney General Pam Bondi and FBI Director Kash Patel began posting pictures of Dugan in handcuffs on social media to brag about it.

“So what is it they are trying to do?” asks Strang. His conclusion: “Humiliate and terrify, not just her but every other judge in the country.”

The bigger issue here, beyond an unprecedented, public display of dominance and intimidation by the Trump administration, is that, in turning federal law enforcement into an arm of his personal, vengeance-themed reality show, Trump is running roughshod over the constitutional principle of federalism, which respects the sovereignty of the states, the integrity of the courts and public safety. Scaring defendants, witnesses and victims away from making court appearances makes it harder to administer justice and makes all of us less safe.

But you’d never know that to listen to Republican state officials, who are championing federal agents barging into courts, schools and churches, forgetting everything they ever said about local control and states’ rights. On Tuesday, Assembly Republicans led by Speaker Robin Vos sent a letter to Gov. Tony Evers, declaring “our caucus believes it is imperative that our laws reflect the need for local law enforcement to comply with these efforts.”

Republicans accuse Evers of issuing guidance to state officials that impedes federal ICE raids.

 “Unfortunately, recent events in Milwaukee have underscored the importance for our state to legislate and enforce compliance with federal immigration law,” their letter declares, citing Dugan’s arrest.

The Republicans demand that Evers rescind guidance telling state agencies that they need not answer questions, hand over files, or allow ICE to enter non-public areas without a warrant.

Capitulating to an administration that has admitted to deporting U.S. citizens and defied court orders to effect the return of a man it admits was mistakenly sent to a Salvadoran prison is a terrible idea. Big law firms that agreed to drop clients and offer free legal work to appease the Trump administration have eroded trust in the law. Authoritarian undermining of our legal system is a grave danger.

The least the most timid among us can do is insist that the federal government follow the law before caving in. That’s what Dugan did, when she asked if the agents who came to her courtroom to arrest Flores-Ruiz had a judicial warrant. They did not. Nor do they have proof that Dugan herself broke any laws.

The last thing we need right now is more capitulation to MAGA bullying. Stand strong. 

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