Protesters gather outside of the Milwaukee FBI office to speak out against the arrest of Milwaukee Circuit Court Judge Hannah Dugan (Photo by Isiah Holmes/Wisconsin Examiner)
A federal magistrate judge recommended on Monday that the criminal case against Milwaukee County Judge Hannah Dugan proceed. Dugan has been indicted on charges that she helped an immigrant without legal status who came to her courtroom for a hearing on a misdemeanor charge evade federal immigration authorities.
Dugan was arrested in April and indicted in May. She’s pleaded not guilty to charges of concealing an individual to prevent arrest and obstruction.
The case has become an example of the Trump administration’s effort to punish judicial interference with its escalation of immigration enforcement. In April, 31-year-old Eduardo Flores-Ruiz was in Dugan’s courtroom when federal agents from Immigration and Customs Enforcement, the Drug Enforcement Agency and FBI arrived at the Milwaukee County Courthouse to arrest him.
Prosecutors say Dugan helped Flores-Ruiz out a side doorway to avoid arrest but the doorway Dugan led Flores-Ruiz and his attorney use led to the same hallway in which the agents were waiting and one took the elevator down with them. Flores-Ruiz was arrested on the street outside.
In May, Dugan had filed a motion to dismiss the charges against her, arguing she is immune from prosecution because she was acting in her official capacity as a judge and that the arrest violated Wisconsin’s sovereignty as a state by disrupting a state court hearing and prosecuting a state judge.
On Monday, U.S. Magistrate Judge Nancy Joseph recommended that the motion to dismiss be denied. The final decision on dismissal is up to U.S. District Judge Lynn Adelman, who does not need to follow Joseph’s recommendation.
“We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” Dugan attorney Steven Biskupic, a former federal prosecutor, said in a statement. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.”
In her recommendation, Joseph wrote that judicial immunity applies when a judge is being sued for civil damages, not criminal charges.
“A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law,” she wrote.
Yessenia Ruano as she prepares to self-deport to El Salvador (Photo courtesy of Voces de la Frontera)
A Milwaukee teacher’s aide has decided to self-deport back to El Salvador, following moves by the Trump administration’s Immigration and Customs Enforcement (ICE) agency to remove her from the country. Yessenia Ruano, who worked at the Academia de Lenguaje y Bellas Artes bilingual school in Milwaukee, is the mother of 10-year-old twin girls. Although the girls were born in the United States, Ruano took her daughters with her back to El Salvador on Tuesday, choosing to self-deport and keep her family intact rather than being forcibly removed by ICE.
On Friday, federal immigration officials denied Ruano’s request for an emergency stay, which would have halted the government’s attempts to remove her while her visa application was considered, WPR reported. Ruano’s attorney Marc Chirstopher said that ICE gave a one-sentence rationale for denying the stay.
Christopher said that ICE officials claimed that Ruano “did not warrant a favorable exercise of discretion.”
“Quite frankly, if she doesn’t warrant it, I don’t know who does.” Christopher said. Ruano did not have a criminal record. She crossed the southern border in 2011 to escape gang violence after local gang members murdered her brother. Christopher added that “she’s very involved in the community,” as a teacher’s aide for kindergarten teachers, owns her own house and pays taxes into a safety net system she is not eligible to access.
“I am extremely disappointed in ICE’s decision to deny an emergency stay for my constituent Yessenia Ruano,” U.S. Rep. Gwen Moore (D-Milwaukee) said in a statement. “It is outright cruel to force a human trafficking victim to return to the place she was fleeing from.” Ruano was applying for a T-visa, which confers legal status on victims of human trafficking. “T-visas are meant for people like Yessenia, but sadly, she wasn’t even given the chance to have her case heard,” said Moore. “Yessenia is a wonderful person and her and [her] children’s removal from Milwaukee will be a loss to our community.”
Ruano received a letter telling her to self-deport on June 3, spurring condemnation from Milwaukee residents, immigrant rights advocates and elected leaders. At the time, Ruano’s attorneys said that it appeared that ICE was abandoning policies of waiting for T and U visas — which protect victims of trafficking and crime victims who are cooperating with law enforcement— to be processed.
Milwaukee County Executive David Crowley wrote on the social media website X that “deporting valued members of our community who are raising and educating our kids, assisting law enforcement in their important work, and giving back to our neighborhoods should alarm us all. It is wrong and unjust.” Crowley added that “these individuals are victims of a broken immigration system. The Trump Administration told the country they were only going after ‘the worst of the worst’. But time and time again, we see them targeting the very people who contribute the most — our neighbors, coworkers, our friends.” The county executive warned that “I am deeply alarmed that our country continues to turn its back on our most vulnerable. By not standing up and protecting our neighbors, we’re not just failing them — we’re failing our entire community. Due process is under attack, and that should concern all of us in Wisconsin and across the country.”
During a May 30 hearing, ICE officials told Ruano to self-deport by June 3. During that hearing her attorneys filed for an emergency stay, beginning a wait-period of several weeks until a decision was finally made, WPR reported. Attorney Christopher said that few emergency stays are being granted under the second Trump administration.
Earlier this month, the Milwaukee Common Council released a statement opposing Ruano’s impending deportation, and held 14 minutes of silence to honor her 14 years in the United States. “Yessenia has developed roots here,” the council stated. “She is a wife with two Milwaukee-born daughters. She is an educator. She is a volunteer. She is a contributing member of our society. All of us should be outraged by this decision and what it means for Yessenia and her family, and other immigrants who could be facing similar fates.”
“If there is one thing this case has made crystal clear,” the statement continued, “it’s that the immigration laws and systems in our country are broken, and the administration at the federal level is more concerned with scapegoating hard working immigrants than fixing the process so it is fair and works for everyone.”
Before Christopher took on Ruano as a client about two months ago, Ruano had paid over $14,000 in legal fees to file the T-visa application to a different team of Ohio-based attorneys.
“From what I’ve been seeing consistently through other cases and hearing from other attorneys, they’re not granting hardly any stays for anyone really,” said Christopher. “I am more than positive that she would have been able to remain in the U.S. while the T-visa was pending…under previous administrations.”
Protesters gather outside of the Milwaukee FBI office to speak out against the arrest of Milwaukee Circuit Court Judge Hannah Dugan (Photo by Isiah Holmes/Wisconsin Examiner)
Prosecutors for the Trump administration filed a brief Monday requesting that a federal judge not dismiss the government’s indictment against Milwaukee County Judge Hannah Dugan.
Dugan faces criminal charges after Immigration and Customs Enforcement agents, along with agents from the Drug Enforcement Agency and FBI, arrived in the Milwaukee County Courthouse April 18 to arrest 31-year-old Eduardo Flores-Ruiz for being in the country illegally.
Flores-Ruiz was set to appear in Dugan’s courtroom that day for a status hearing on misdemeanor charges against him. When Dugan learned that the agents were outside her courtroom, she confronted them and learned they only had an administrative warrant, which was issued by an agency official and not a judge. An administrative warrant doesn’t allow agents to enter private spaces in the courthouse such as Dugan’s courtroom.
Later, while the agents were waiting for Flores-Ruiz in the hallway outside the main courtroom door, Dugan sent him and his attorney out a side door into the hallway. One of the agents rode down the elevator with Flores-Ruiz and he was later arrested on the street.
Dugan was charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. Last month, Dugan’s attorneys filed a motion to dismiss the case against her, arguing she was acting in her official capacity as a judge and therefore immune from prosecution for her actions and that the federal government is impinging on the state of Wisconsin’s authority to operate its court system.
The case drew national attention, with Department of Homeland Security Secretary Kristi Noem and FBI Director Kash Patel both making public statements about Dugan’s arrest before she’d even been indicted. Legal experts have questioned the strength of the federal government’s case and accused Trump officials of grandstanding to make a political point.
In the Monday filing, federal prosecutors argued that dismissing the case would ignore previously established law that allows judges to face criminal charges.
“Such a ruling would give state court judges carte blanche to interfere with valid law enforcement actions by federal agents in public hallways of a courthouse, and perhaps even beyond,” the prosecutors argued. “Dugan’s desired ruling would, in essence, say that judges are ‘above the law,’ and uniquely entitled to interfere with federal law enforcement.”
Wisconsin Republicans want to require cooperation with Immigration and Customs Enforcement. (Photo via ICE)
Wisconsin Republicans continued their push Tuesday for a bill that would require local law enforcement to report people charged with a felony to Immigration and Customs Enforcement (ICE) if they cannot verify their immigration status. Legislative leaders are also demanding that state government officials cooperate with and support President Donald Trump’s deportation agenda.
State legislatures across the country have taken action to either require or prohibit local law enforcement cooperation. According to a Stateline report, experts have said jails are the easiest place to pick up people for deportation and when local law enforcement cooperates there are more arrests. Noncooperation in states, including California, is leading to a decreased number of arrests and deportations.
Amanda Merkwae, advocacy director for the ACLU of Wisconsin, testified against the legislation before the Senate Licensing, Regulatory Reform, State and Federal Affairs Committee Tuesday. Merkwae detailed extensive actions the Trump administration has taken to target immigrants since the bill was first introduced by lawmakers and cautioned against having local law enforcement play a larger role in those efforts.
Merkwae quoted a former North Carolina sheriff who said at a 2008 conference about the role of local police in immigration enforcement, “if you don’t have enough evidence to charge someone criminally, but you think he’s illegal, we can make him disappear.”
“A lot has happened even since the Assembly public hearing on this bill back in February,” Merkwae said, reeling off a list including “the disappearing of legal residents to gulags without due process,” “inappropriately invoking the Alien Enemies Act to remove people,” to “escalating violent arrests” by masked Department of Homeland Security agents, detaining students and activists for exercising their First Amendment rights in ICE facilities, arbitrarily canceling student visas, “threatening to disappear U.S. citizens to El Salvador,” “and just this week — and it’s only Tuesday — eliminating temporary protective status of thousands of immigrants despite a court order, blocking the entry of refugees who spent years getting approved through a lengthy process while living in refugee camps and third countries and the administration openly exploring the suspension of habeas corpus.”
“When the federal government is violating the Constitution, we must resist pressures to integrate local governance into its abuses,” she said.
The Assembly passed the bill in March along party lines, and Gov. Tony Evers has vowed to veto it. Lawmakers introduced the bill just three weeks into Trump’s new term.
Sen. Julian Bradley (R-New Berlin) and Rep. Jim Piwowarczyk (R-Hubertus) said the bill is narrow and seeks to help ensure that Wisconsin is safe.
“This proposal will make it easier to remove dangerous criminals from our communities. It’s shocking to think that a handful in law enforcement and our government would rather protect felons than work with our federal partners to stop the flow of crime and drugs into our neighborhoods,” Bradley said.
Since March, the number of Wisconsin counties with official agreements to cooperate with ICE has grown to 12, including Washington, Waupaca, Winnebago and Wood. Two counties — Dane and Milwaukee — have previously been identified by ICE as noncooperative.
Milwaukee County has become a focal point of controversy over ICE cooperation. Milwaukee County Judge Hannah Dugan was arrested and indicted on charges of obstructing federal agents and concealing a person to prevent an arrest. ICE has arrested at least four people since March at the Milwaukee County Courthouse. Republicans have also accused Evers of being noncooperative after he told state employees to contact a lawyer before handing over information if ICE showed up at their office buildings.
“I am deeply concerned that some local jurisdictions, including Dane County and Milwaukee County, have severely limited their cooperation with ICE. Many, if not most, Wisconsin sheriffs are already doing everything they can to identify the legal immigrants in their jails and cooperate with ICE holds,” Piwowarczyk said. “This bill won’t affect them. It will affect those who refuse, imperiling the safety of all Wisconsin citizens.”
The bill — AB 24 — would require local law enforcement to check the citizenship status of people in custody for felony offenses and notify ICE if their citizenship can’t be verified. It also requires sheriffs to comply with detainers and administrative warrants received from the Department of Homeland Security regarding people held in the county jail for a criminal offense. If a sheriff refuses to comply with the law, the county would face a 15% deduction in its state aid payment the following year.
Merkwae said that the bill authors were taking a narrow reading of the bill, but “with 15% of an entire county’s share revenues on the line,” this will lead to sheriffs erring on the “side of overreporting.”
Democrats on the committee had an array of concerns about the bills, especially given the actions that the Trump administration has taken since the start of his term.
Larson asked lawmakers whether they trusted ICE.
“You’re throwing your trust in ICE — that 10 out of 10 [times] ICE is doing the right thing, 10 out of 10 times ICE is only taking people who have committed felonies and following the guidance of the president,” Larson said. “I don’t trust this federal government because [President Trump] came out on the record and said, ‘I don’t know if people deserve due process, I don’t know if I’m supposed to uphold the Constitution.’ Those are the words of the person who’s in charge of the administration.”
Bradley said he rejected the premise of Larson’s question.
“We aren’t empowering ICE,” Bradley said. “We don’t have the power to empower ICE. That’s not what we’re doing. We’re telling the sheriffs to cooperate with the federal government as they’re required to because we have instances where people have publicly come out and said, we will not cooperate… In this bill, [people] have also committed and are being charged with a felony. That’s what this bill is about.”
Larson corrected lawmakers several times when they said the only people covered in the bill had committed a crime: “75 of the people shipped overseas to El Salvador prison have no criminal history, and so this seems like an effort to jump on that bandwagon.”
“Accused,” Larson said at one point. “Accused. You keep forgetting that part — alleged.”
Sen. Tim Carpenter (D-Milwaukee) said he also doesn’t trust the current system, especially as ICE isn’t being transparent about its work.
“It seems like it’s more of a campaign pitch to grab as many people as you can, but there are people that are innocent,” Carpenter said, adding that he fears that the bill if passed is “legitimizing a system that is not doing what we wanted it to do.”
Carpenter noted he has the largest Latino population among Wisconsin Senate districts. From events hosted in the district and conversations with constituents, he said, it’s “very noticeable that people are scared, and they don’t want to have someone — they’re innocent and get caught up in the system and end up in El Salvador.”
Carpenter told the bill authors to try to convince him that the bill won’t further affect those communities.
“How do we deal with that impact on a sizable community — many of whom have done nothing wrong?” Carpenter asked.
“I think the best thing that could happen is if people were honest about what this bill does, because by not being honest or conflating issues, what we’re doing is we’re spreading that fear,” Bradley said. “So, if you are here illegally and you are being charged with a felony, this bill, this applies to you, and you should be concerned. If not, you shouldn’t be concerned.”
Larson asked why there is a financial penalty in the bill, saying the premise of the bill appears to be that law enforcement must cooperate “or we’re cutting your damn funding.”
“If they’re not cooperating with ICE and are not doing what they’re supposed to do to keep their community safe, there should be a penalty and the penalty should be felt,” Bradley said.
“Do you think the sheriff’s department will be able to keep communities safe by cutting them?” Larson asked.
“If they follow the guidance in the bill, they won’t have to worry about that,” Bradley said.
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