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U.S. House Republicans push through massive tax and spending bill slashing Medicaid

The U.S. Capitol building in Washington, D.C., is pictured on Wednesday, May 7, 2025. (Photo by Jennifer Shutt/States Newsroom)

The U.S. Capitol building in Washington, D.C., is pictured on Wednesday, May 7, 2025. (Photo by Jennifer Shutt/States Newsroom)

This report has been updated.

WASHINGTON — The U.S. House early Thursday approved the “big, beautiful bill” that Republican leaders spent months negotiating with centrists and far-right members of the party — two distinct factions that hold vastly different policy goals — over intense opposition from Democrats.

The 215-214 vote ships the package to the Senate, where GOP lawmakers are expected to rewrite much of it, before sending it back across the Capitol for final approval, a process likely to stretch through the summer.

President Donald Trump, who said he backed the House version, would then need to sign the legislation, which under the complicated process being used by Republicans can pass with just a majority vote in the GOP-controlled Senate.

Trump called on the Senate to pass the legislation as quickly as possible, writing in a social media post that “(t)here is no time to waste” and that the bill is “arguably the most significant piece of Legislation that will ever be signed in the History of our Country!”

Speaker Mike Johnson said minutes before the vote that he expects lawmakers to give the measure final approval before the Fourth of July.

“Now, look, we’re accomplishing a big thing here today, but we know this isn’t the end of the road just yet,” Johnson, R-La., said. “We’ve been working closely with Leader (John) Thune and our Senate colleagues, the Senate Republicans, to get this done and delivered to the president’s desk by our Independence Day. That’s July 4. Today proves that we can do that, and we will do that.”

House Democratic Leader Hakeem Jeffries, D-N.Y., argued against the legislation, saying it “undermines reproductive freedom, undermines the progress that we have made in combating the climate crisis, undermines gun safety, undermines the rule of law and the independence of the federal judiciary. It even undermines the ability of hard-working and law-abiding immigrant families to provide remittances to their loved ones, who may just happen to live abroad.”

Jeffries raised concerns with how the proposals in the bill would impact the economy and the federal government’s financial stability.

“Costs aren’t going down. They’re going up. Inflation is out of control. Insurance rates remain stubbornly high,” Jeffries said. “Our Moody’s rating, our credit rating, has been downgraded, and you’ve got people losing confidence in this economy. Republicans are crashing this economy in real time and driving us toward a recession.”

Ohio’s Warren Davidson and Kentucky’s Thomas Massie were the only Republicans to vote against passing the bill, which members debated throughout the night prior to the vote just after daylight in the nation’s capital. All Democrats, who dubbed it “one big ugly bill,” were opposed. Maryland GOP Rep. Andy Harris, chairman of the Freedom Caucus, voted “present.”

Massie spoke against the bill overnight, calling it “a debt bomb ticking.”

“I’d love to stand here and tell the American people: We can cut your taxes and we can increase spending, and everything’s going to be just fine. But I can’t do that because I’m here to deliver a dose of reality,” Massie said. “This bill dramatically increases deficits in the near term, but promises our government will be fiscally responsible five years from now. Where have we heard that before? How do you bind a future Congress to these promises?”

White House press secretary Karoline Leavitt said during a briefing later in the day that Trump wants Davidson and Massie to face primary challenges next year during the midterm elections.

“I believe he does,” Leavitt said. “And I don’t think he likes to see grandstanders in Congress.” 

In the works for weeks

The 1,116-page package combines 11 bills that GOP lawmakers debated and reported out of committee during the last several weeks.

The legislation would:

  • Extend the 2017 tax law, including tax cuts for businesses and individuals;
  • Bolster spending on border security and defense by hundreds of billions of dollars;
  • Rework energy permitting;
  • Restructure higher education aid such as student loans and Pell Grants;
  • Shift some of the cost of the Supplemental Nutrition Assistance Program food aid program for low-income Americans to state governments; and
  • Overhaul Medicaid, the nation’s program for health care for low-income people and some people with disabilities.

The bill would make deep cuts to Medicaid spending, reducing the program by $625 billion over 10 years under the latest estimate by the Congressional Budget Office.

The budget measure would also raise the debt limit by $4 trillion.

A new Congressional Budget Office analysis released late Tuesday showed the package tilted toward the wealthy, projecting it would decrease resources for low-income families over the next decade while increasing resources for top earners.

Republicans hold especially thin majorities in the House and Senate, meaning that nearly every GOP lawmaker — ranging from centrists who barely won their general elections to far-right members who are more at risk of losing a primary challenge — needed to support the bill.

Balancing the demands of hundreds of lawmakers led to nearly constant talks during the last few days as Johnson struggled to secure the votes to pass the bill before his Memorial Day deadline.

Any deal Johnson made with far-right members of the party risked alienating centrist GOP lawmakers and vice versa.

An agreement finally came together Wednesday evening when GOP leaders released a 42-page amendment that made changes to various sections of the package, including the state and local tax deduction, or SALT, and Medicaid work requirements and nixed the potential sale of some public lands.

Tax cuts

House debate on the package fell largely along party lines, with Democrats contending it would benefit the wealthy at the expense of lower-income Americans, including millions who would lose access to Medicaid.

Republicans argued the legislation is necessary to avoid a tax hike at the end of the year, when the 2017 GOP law expires, and to curb government spending in the years ahead.

Ways and Means Chairman Jason Smith, R-Mo., said the tax section of the package would halt a tax increase for many that would have taken place after the vast majority of the provisions in that law expire at the end of this year.

“Working families, farmers and small businesses win with this bill,” Smith said. “We expand and make permanent the small business deduction and increase the child tax credit, the standard deduction and the death tax exemption.”

The legislation would increase the tax rate for colleges and universities with substantial endowments, which would match the corporate tax rate, he said.

Massachusetts Democratic Rep. Richard Neal, ranking member on that tax-writing committee, said the legislation would lead the United States to “borrow $4 trillion and with interest payments over the next 10 years, $5 trillion, to justify a tax cut for the billionaire class.”

Neal said that the wealthy would see a greater benefit from the GOP tax provisions than working-class Americans.

“If you made a million dollars last year, you’re going to get $81,000 of tax relief. If you made less than $50,000 Guess what? Not quite so lucky,” Neal said. “But you know what? $1 a day goes a long way, because that’s where the numbers land.”

Neal said Democrats would have worked with Republicans to extend the 2017 tax cuts if the GOP had capped them for those making less than $400,000 a year, with people making more than that going back to the higher rate. 

Child tax credit

The child tax credit will increase to $2,500, up from the $2,000 enacted under the 2017 tax law. The refundability portion of the credit, or the amount parents could receive in a refund check after paying their tax liability, will remain capped but will increase with inflation by $100 annually. As of now, the amount a parent could receive back per child stands at $1,700.

While Republicans hailed the increase as a win for families, critics say it continues to leave out the poorest families as the refund amount is dependent on how much a parent earns. The credit phases in at 15 cents per income dollar, one child at a time.

“The Republican bill will leave out 17 million American children who are in families that don’t earn enough to receive the full child tax credit,” Rep. Suzan DelBene of Washington said Wednesday in the House Committee on Rules. Her amendment to make the tax credit fully refundable was rejected.

On the House floor Thursday morning, DelBene criticized the bill as a “big, broken promise.”

SALT

Republicans from high-tax blue states declared victory on the increase in the SALT cap, or the amount of state and local taxes that can be deducted from federal taxable income. After long, drawn-out disagreement, Republicans representing districts in California, New Jersey and New York secured a bump to $40,000, up from the $10,000 cap enacted under Trump’s 2017 tax law.

However, the cap comes with an income limit of $500,000, after which it phases down. Both the $40,000 cap and the $500,000 income threshold will increase annually at 1% until hitting a ceiling of $44,000 and $552,000.

Rep. Mike Lawler of New York said during debate that he “would never support a tax bill that did not adequately lift the cap on SALT.”

“This bill does that. It increases the cap on SALT by 300%,” Lawler said. “And I would remind my Democratic colleagues, when they had full control in Washington, they lifted the cap on SALT by exactly $0, zilch, zip, nada.”

Medicaid work requirements 

Energy and Commerce Chairman Brett Guthrie, R-Ky., said his panel’s bill would ensure Medicaid coverage continued for low-income families, individuals who are disabled and seniors through new work requirements and other changes.

“This bill protects coverage for those individuals by ensuring ineligible recipients do not cut the line in front of our most vulnerable Americans,” Guthrie said. “The decision by left-leaning state governments to spend taxpayer dollars on people who are ineligible for the program is indefensible. Medicaid should not cover illegal immigrants, deceased or duplicative beneficiaries, or able-bodied adults without dependents who choose not to work.”

The policy change would require those who rely on the state-federal health program, and who are between the ages of 19 and 65, to work, participate in community service, or attend an educational program at least 80 hours a month.

The language has numerous exceptions, including for pregnant people, parents of dependent children, people who have complex medical conditions, tribal community members, those in the foster care system, people who were in foster care who are below the age of 26 and individuals released from incarceration in the last 90 days, among others.

New Jersey Democratic Rep. Frank Pallone, ranking member on the committee that oversees major health care programs, said the Republican bill would not only cut funding for Medicaid, but also for Medicare, the program relied on by seniors and some younger people with disabilities.

“Republicans are stripping health care away from people by putting all sorts of burdensome and time-consuming road blocks in the way of people just trying to get by,” Pallone said. “The vast majority of people on Medicaid are already working. This is not about work. It’s about burying people in so much paperwork that they fall behind and lose their health coverage, and if someone loses their health coverage through Medicaid, this GOP tax scam also bans them from getting coverage through the ACA marketplace.”

While the GOP bill doesn’t directly address Medicare, he said, a federal budget law, known as the Pay-As-You-Go Act, would force spending cuts called sequestration to that health program.

“The Medicare cuts will lead to reduced access to care for seniors, longer wait times for appointments, and increased costs,” Pallone said.

States to share in food aid costs

House Agriculture Committee Chairman Glenn “GT” Thompson, R-Pa., pressed for support for his piece of the legislation, saying changes to the Supplemental Nutrition Assistance Program, or SNAP, are needed.

“SNAP is the only state-administered welfare program that does not have a cost-share component, and while the federal government funds 100% of the benefit, states are tasked with operating it,” Thompson said. “The only problem: They aren’t operating it well.”

He also cheered several of the package’s tax provisions, saying they would benefit farmers.

“The one big, beautiful bill makes permanent and expands the Trump tax cuts. It also prevents the death tax from hitting over 2 million family farms,” Thompson said. “It locks in the small business deduction, helping 98% of American farms stay afloat.”

Minnesota Democratic Rep. Angie Craig, ranking member on the panel, wrote in a statement that the proposed changes would “make America hungrier, poorer and sicker.”

“At a time when grocery prices are going up and retirement accounts are going down, we must protect the basic needs programs that help people afford food and health care,” Craig wrote. “As a mother and someone who needed food assistance at periods in my own childhood, I condemn this attempt to snatch food off our children’s plates to fund tax breaks for large corporations.”

Border security, air traffic control, EV fees

House Transportation and Infrastructure Chairman Sam Graves, R-Mo., said his piece of the package would combine “critical investments in border security, national defense and modernization of America’s air traffic control system, while eliminating wasteful spending and other deficit reduction measures.”

“Specifically, this bill addresses long overdue needs in the United States Coast Guard, which for over two decades has received less than half of the capital investment necessary to effectively carry out its critical missions,” Graves said.

The transportation section of the package, he said, includes $21 billion for the Coast Guard and $12.5 billion to modernize the air traffic control systems while establishing a $250 annual fee for electric vehicles and a $100 annual fee for hybrid vehicles that would go toward the Highway Trust Fund. That account has traditionally been funded through a gas tax. 

Washington Democratic Rep. Rick Larsen, ranking member on the transportation panel, said he wanted “to continue historic funding for transportation, infrastructure, and stronger and healthier communities.”

“Unfortunately, this reconciliation package leaves very little room for those investments,”  Larsen said.

“This bill causes immediate harm by yanking money from locally selected projects that our constituents in Republican and Democratic districts alike are counting on,” he added. “And for what? To help pay for the tax cuts for the richest Americans and largest and largest corporations.”

Student loan overhaul, medical research

House Education and Workforce Committee ranking member Bobby Scott, D-Va., urged opposition to what he called the “big, bad billionaires bill,” saying it would lead to a massive reshaping of higher education aid.

“The bill not only can increase the deficit, it has 4 million students who will lose their Pell Grants, 18 million children could potentially lose their free school lunch, 13.7 million people are set to lose their health care and everybody loses when the National Institutes of Health research is cut,” Scott said.

Natural Resources Committee Chairman Bruce Westerman, R-Ark., said his portion of the legislation would “generate over $20 billion in savings and new revenue for the federal government, primarily by direct royalty and lease fees from the sale of oil, gas, timber and mine resources, while curbing wasteful spending.”

“Our title reinstates onshore and offshore oil and gas lease sales, holds annual geothermal lease sales and ensures a fair process for critical mineral development nationwide,” Westerman said. “We’ve also directed the Forest Service and the Bureau of Land Management to utilize long-term timber sale contracts.”

The Trump administration released a Statement of Administration Policy on Wednesday urging GOP lawmakers to approve the legislation, when it still appeared several members of the party might delay or even block the bill in the House. 

“The One Big Beautiful Bill Act reflects the shared priorities of both Congress and the Administration,” the SAP states. “Therefore, the House of Representatives should immediately pass this bill to show the American people that they are serious about ‘promises made, promises kept.’

“President Trump is committed to keeping his promises, and failure to pass this bill would be the ultimate betrayal.”

Trump administration violated order in deportations to South Sudan, judge says

Detainees board a plane chartered by U.S. Immigration and Customs Enforcement at King County International Airport on April 15, 2025 in Seattle, Washington. (Photo by David Ryder/Getty Images)

Detainees board a plane chartered by U.S. Immigration and Customs Enforcement at King County International Airport on April 15, 2025 in Seattle, Washington. (Photo by David Ryder/Getty Images)

WASHINGTON — A federal judge in Boston Wednesday found the Trump administration violated his preliminary injunction barring third-country removals of migrants without due process, after immigration lawyers say their clients were placed on deportation flights to South Sudan.

“It was impossible for these people to have a meaningful opportunity to object to their transfer to South Sudan,” U.S. District Judge Brian E. Murphy said. “The government’s actions in this case are unquestionably violative of this court’s order.”

Murphy said he will narrowly tailor a remedy to the violation of his April order. He said the Trump administration must give proper due process to the eight men who were placed on deportation flights on Tuesday and given less than 24 hours to challenge their removal to South Sudan.

South Sudan, in East Africa, is violence-ridden and the U.S. State Department advises against travel there.

Department of Justice attorneys would not confirm where the plane landed, but according to flight tracking data reviewed by the New York Times, there is a chartered plane owned by a company used in the past for deportations that has landed in the East African nation of Djibouti.

Murphy did not detail what contempt charges would look like, but asked Department of Justice attorneys for a list of names of people involved in the flights for potential consequences.

The hearing in Massachusetts is one of several clashes between the Trump administration and the judiciary branch over the issue of due process in immigration enforcement, as the Trump administration aims to enact mass deportations.

The White House in a statement attacked Murphy as a “far-left activist judge” trying to protect migrants with criminal convictions. The list of individuals the White House said were on the flight were from Cuba, Laos, Mexico, South Sudan, Burma and Vietnam.

Flight originated in Texas

An hour before Wednesday’s hearing, top Department of Homeland Security officials at a press conference defended the decision, but declined to confirm if the migrants were sent to South Sudan and argued the country was not their “final destination.”

However, U.S. Immigrations and Customs Enforcement Acting Director Todd Lyons said that South Sudan had agreed to take the men.

“We conducted a deportation flight from Texas to remove some of the most barbaric violent individuals illegally in the United States,” DHS spokeswoman Tricia McLaughlin said at the press event.

McLaughlin said that the men were still in DHS custody.

Murphy, appointed by former President Joe Biden, has not ordered the Trump administration to return any of the men. At the hearing, he did question a top ICE official in Texas, Marcos Charles, and directed him to find out if it were possible to hold credible fear interviews for the men instead of requiring they be returned to the U.S.

Immigration attorneys who last night had asked for the emergency hearing pushed for the immigrants to be brought back to the U.S.

DOJ attorney Drew Ensign disagreed and said that any remedy from Murphy should be narrowly tailored and that ordering the men to be returned would be “too broad.”

Ensign also said the Trump administration’s position is that 24 hours is enough time for an immigrant to challenge their removal to a country that is not their home.

Trina Realmuto, of the National Immigration Litigation Alliance, argued 30 days is preferable, because many of those removed do not have legal representation and need time to find an attorney and determine if they could face possible harm in another country.

Murphy said that he would clarify how much time is appropriate. He directed DOJ attorneys to make sure that everyone involved in third-country removals, from pilots to immigration officers, to be aware of his order and the possible criminal contempt charges if it’s not followed.

On late Tuesday, in an emergency hearing, Murphy ordered the government to keep the eight migrants in DHS custody until more details could be revealed in Wednesday’s hearing to determine if his April order was violated.

In that earlier order, Murphy barred the Trump administration from removing individuals from a country that is not their home country without giving them time to raise any concerns that they might face harm in the country they would be removed to.

Repeated conflicts between administration and judges

Sending migrants to South Sudan would bring the same concerns as sending them to Libya, another third country with a history of clashes.

The Trump administration extended Temporary Protection Status to nationals of South Sudan for six months to remain in the U.S., meaning those immigrants were granted work permits and deportation protections because their home country was deemed too dangerous to return to. 

In early May, Murphy warned Trump officials that any deportations to a third country such as Libya and Saudi Arabia — countries with human rights violations that the Trump administration was considering for deportations — would have clearly violated his April preliminary injunction. 

It’s not the first conflict between federal judges and the Trump administration.

A federal judge in Maryland grilled Department of Justice lawyers and accused the administration of stonewalling information on its efforts to return a wrongly deported man from El Salvador. Another federal judge in Maryland ordered the return of a separate wrongly deported man to an El Salvador prison, an order that the DOJ is currently appealing.

A federal judge in the District of Columbia ordered the administration to return deportation planes to the U.S. carrying men removed under the wartime Alien Enemies Act of 1798, but the planes landed in El Salvador to take the migrants to the notorious prison CECOT. The judge threatened possible contempt against the Trump administration.

The U.S. Supreme Court on Friday again rejected a request from the Trump administration to remove its block on using the Alien Enemies Act over concerns about due process.

The Trump administration in March invoked the Alien Enemies Act to apply to Venezuelans 14 and older with suspected gang ties to rapidly deport them, raising concerns about a lack of due process. 

Fourteen years in Wisconsin. A one-way ticket to El Salvador.

Woman next to stained glass
Reading Time: 15 minutes

This story was originally published by The 19th.

MILWAUKEE — When Yessenia Ruano walks through the door of her home after work, her husband, Miguel, is in the kitchen, shredding chicken with two forks, and her twin daughters are in the living room, playing on an iPad. The sound of “Primer Impacto” fills the background. 

Ruano opens the fridge to keep the dinner prep going. On the top shelf, there are more than 150 corn tortillas lying flat in their plastic bags. On the bar counter, near unopened mail and trinkets, is a pack of zinnia seeds waiting for the last frost to pass before Yessenia and the girls plant them in the patio across the driveway. 

This doesn’t look like the home of a family on the verge of being uprooted, until Ruano and her husband — one rolling chicken into tortillas over hot oil, the other tending to a pile of dishes on the sink — start talking about the questions suddenly pressing on their everyday lives. 

Ruano cooks in her kitchen, making lunch for her daughters.
Ruano prepares lunch for her 9-year-old twin daughters at home on April 6. (Jamie Kelter Davis for The 19th)

In February, during a check-in with Immigration and Customs Enforcement, an agent told Ruano that the government would accelerate plans to deport her. Save for a change in her immigration status, the agent said, she should report back to ICE in two months with a plane ticket back to El Salvador set for 50 days out. 

It’s April now; her next appointment with ICE is coming up in just a few weeks. “She said I should buy just one plane ticket,” Ruano, 38, tells her husband, recalling a conversation with a colleague at the local public school where she works. Her colleague reasoned that if Ruano bought a fare for everyone in the family and her deportation was averted, they’d be throwing a lot of money in the trash.

“I’ve always thought we should buy four tickets,” Miguel tells her, hunched over the sink. A few months ago, Ruano went on a ladies’ retreat with her church for two nights and left him and their two children to fend for themselves. The girls cried and cried and barely slept. Their dog — a fluffy, white Bichon Frisé who was named Snowflake before the family adopted him and is now named Copito, short for snowflake in Spanish — barely ate. 

Ruano agrees that the family should stay together, but most days, she’s convinced they’ll never use any of the plane tickets in question. Ruano, for 14 years, has clung onto hope that the immigration powers that be will eventually see that she belongs in the United States. She has checked in with ICE 17 times, worn a GPS monitor. She’s also built the life she shares with her husband and their Milwaukee-born daughters, a job at a local school and volunteer work at her local Catholic parish. 

Through it all, she has searched for ways to create roots in the United States. Recently, she petitioned for a visa created for human trafficking victims, based on her experience of forced labor when she first entered the country. That petition is stuck in the growing backlog at the agency that handles visa applications, one that has accelerated since the start of the Trump administration.

“Of course, practically speaking, they can do whatever they want,” Ruano says. “If they’re a little human, then I can prove I belong here. If they just care about detaining people to meet a certain quota and deport them — if I’m just another number — then I can already hear them saying, ‘Ma’am, I don’t care about your case. We’re so sorry, but we’re going to send you back to your country.’” 

Ruano outside the ICE office after her immigration appointment.
Yessenia Ruano speaks with people after her appointment at the U.S. Immigration and Customs Enforcement field office on April 15, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Ruano is among the millions of immigrants living in the United States who are facing deportation as the Trump administration ramps up the removal of people with no permanent immigration status. That includes immigrants who, like Ruano, have been in the country for more than a decade and have no criminal record, and whose ties to the country include young children — some of them U.S. citizens — and also careers and community. 

Ruano’s precarious situation isn’t entirely the product of Trump-era policies. Like millions of immigrants living in the United States, she entered the country at the southern border, lured by the promise of safety and stability. Like thousands of others, she asked for asylum and was allowed to stay as she waited for a resolution on her petition, as long as she followed the law. Even after her petition was unsuccessful, the U.S. government allowed her to remain in the country provided that she checked in regularly with immigration officials. 

Ruano and her attorney walk toward the ICE building with her daughters.
Yessenia Ruano speaks to her attorney, Marc Christopher, outside the U.S. Immigration and Customs Enforcement field office before going into her appointment on April 15, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Under the United States’ broken immigration system, one in which laws that haven’t been updated in decades no longer align with the reality of immigration patterns, the country’s reliance on the immigrant labor force or even the government’s ability to enforce such laws, immigrants like Ruano have always lived at the discretion — at the whim — of whoever is in power, from the president down to the ICE officer who is looking at their case that day. 

When President Donald Trump was inaugurated in January, that dynamic changed again, fueled by an agenda that seems to be taking shape day by day. 

Ruano remains in this limbo, bracing for her life to be upended while fighting for a different outcome. She follows the countless news stories about people who are in ICE detention, or who have been swiftly deported back to their home countries. Hundreds of thousands more are living just like her, navigating the shifting sands of American immigration policy. 


Ruano’s day usually starts early, and by 6:15 a.m., her daughters Paola and Eli, 9, are in the dining room, ready for their mom to brush their hair. Back in El Salvador, Ruano didn’t think she would ever have children. The world seemed dangerous and broken, and life was expensive. “With the cost of living, I always thought, how?” she said one morning while brushing Eli’s hair and finishing it with a braid.

Ruano and her husband went to high school together in El Salvador and reconnected again in Milwaukee at the frozen pizza manufacturing plant where they both worked. Eventually, they started dreaming of growing their family. Soon there were four of them. Juggling two babies was hard, but they both landed steady work and were able to buy the duplex they live in, an older home they’ve improved slowly. Here, they are watching Eli and Paola thrive. 

Ruano helps her daughter get ready for school at home in the early morning.
On a school morning, Yessenia Ruano gets her daughter Paola ready for the day in Milwaukee on April 15, 2025. (Jamie Kelter Davis for The 19th)

Eli loves art. She loves to take clay-like dirt from the backyard and shape it. In their living room, Ruano points to a little bowl made of coiled clay, brown and crumbly and beautiful. A bucket holds dozens of small figurines made with air-dry clay, detailed and complex. 

Paola is much more interested in building with Legos, and Ruano says proudly that she is ahead of her peers in math. Barely older than her sister, Paola has also taken on a caretaking role in the family that Ruano says came to her naturally.

Ruano’s daughters have been learning the violin and the viola. They’ve been debating whether to keep going with the string instruments or move on to another extracurricular activity.

“All of those special skills and talents, we can’t really tend to them in my country,” Ruano said. “It’s like they’re trying to rip away my dreams, and also those of my two girls.”

Elizabeth and Paola pose outside near their backyard fence in rubber boots.
Elizabeth and Paola, Yessenia Ruano’s twin daughters, stand in the side yard of their home on April 6, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Eli and Paola are U.S. citizens. Their lives would be significantly different in El Salvador, where economic opportunity, gender-based violence and more could alter the course of their lives. Their father, Miguel, has no legal immigration status. The 19th is not publishing his last name to protect his privacy and employment.

Both times Ruano has appeared before ICE this year, agents have alluded to her daughters. During her February appointment, the agent said Ruano should buy plane tickets for her girls as well because she “would hate to see the family separated,” Ruano recalls. During her April appointment, Ruano’s lawyer at the time recalled that the agent scanned Ruano’s plane ticket and asked why she hadn’t bought plane tickets for the girls.

Ruano has spent time talking to each daughter about the different possibilities ahead for their family, including a new life in El Salvador. 

Miguel plays with Elizabeth and Paola on a swing at the park.
At a park in Milwaukee on April 6, 2025, Miguel — Yessenia Ruano’s partner — pushes their daughters on a swing. (Jamie Kelter Davis for The 19th)

“I tried to focus on the positive things, things I liked as a girl,” Ruano said. Ruano explained that the school day in El Salvador would be shorter — the country has one of the shortest school weeks in the world. There would be more time for play. 

“I told them that they’d see mango trees, orange trees,” Ruano said. “Things we don’t have here.” 

They’d still get to sleep next to each other, as they do in Milwaukee.


Ruano has a trove of files documenting her immigration journey in the United States, but one piece of paper worn thin from years of use tracks every check-in she’s had with ICE since she entered the United States from Mexico in 2011.

At the time, Ruano petitioned for the only form of relief she was told she was eligible for, a form of asylum called “withholding of removal,” which requires immigrants to prove that there is at least a 51% likelihood of suffering persecution in their home country. 

When her case finally came up for review a decade later, a judge told Ruano that her petition would be denied and said Ruano could withdraw it to avoid having the denial on her record. During the hearing, the judge told Ruano through her then-lawyer that the U.S. government wasn’t actively deporting people like her, who had no criminal record. She could explore other avenues for legal status. 

Ruano looks through stacks of folders of immigration documents at home.
Ruano flips through the stack of paperwork documenting her 14-year fight to stay in the United States on April 6, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

By 2024, she was running out of alternatives and time. ICE placed her in a monitoring program called Alternatives to Detention, or ATD, and told that her deadline to file for a different path to legal status was near. 

ICE advertises the ATD program as having been designed for immigrants who were “thoroughly vetted” and deemed not a risk to public safety. To enroll someone in the program, ICE officers consider their ties to the community and status as a caregiver or provider. Ruano checked all of the boxes. 

Ruano’s participation in the program left a mark: She has a band of pale skin around her wrist, where ICE secured a GPS device. 

The device tracked her location, had facial-recognition software for regular check-ins with ICE, and had messaging capabilities between the agency and Ruano; “Please call your officer” was a regular prompt. Ruano could swap the batteries to make sure the wrist monitor was powered at all times. Sometimes the backup battery wouldn’t work, so she was left to plug the monitor — still attached to her wrist — directly into a wall outlet. When it became loose and couldn’t read her pulse, it would blare loudly. “I would be in the classroom with kids, trying to fix it,” Ruano said. 

At home, Ruano pored over the internet and eventually found a firm in Chicago that helped her file for a T visa as a victim of human trafficking. 

The application was almost complete when Ruano was asked to report to ICE for a check-in on Valentine’s Day. Ruano’s lawyer at the time told her that she feared there was a better-than-90% chance she would be detained. Ruano felt that the time she was promised to finish her application had been suddenly taken away.

She spent most of the week of the appointment working furiously to make sure her T visa application was in the hands of U.S. Citizenship and Immigration Services, that her personal documents were in order, that there was a care plan for the girls beyond Miguel. She did all of that while juggling calls with reporters and advocates from Voces de la Frontera, the local immigrant advocacy group supporting her. She watched herself get to the brink of an emotional breakdown. The voice inside her head begged for surrender: “I’m done. I can’t keep going. I’ll go back to my country and start over, from zero. The fight is over.”

It’s a shift from her default, a hope and belief that things will work out. 

“It’s been 14 years and I’ve suffered a lot of stress, a lot of anxiety. Every week before one of my hearings with a judge or a check-in with ICE, those are nights of no sleep,” Ruano said. “I’ll wake up at one in the morning needing to vomit.” She’s had 17 appointments over that time span, and 17 sleepless weeks.

Yessenia Ruano is framed in focus while one daughter appears blurred in the foreground; both are wearing jackets and walking beside a government building.
Ruano looks ahead as she and her daughters walk to her appointment at the U.S. Immigration and Customs Enforcement field office on April 15, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Unlike many immigrants without authorization to permanently live in the country, Ruano has not and does not live in the shadows. The U.S. government knows exactly who she is, where she lives, where she works. Ruano said she was not — and is not — willing to defy a deportation order.

“It wouldn’t be worth it,” she said. “I would rather go back to my country, whatever may happen there. Because when I think about living in the shadows, not being able to use my real name, never being at peace … I don’t want to live in hiding, waiting for the day they knock on my door.” 


At the bilingual public school where she teaches, in Milwaukee’s heavily Hispanic South Side, the chaos of Ruano’s immigration limbo dials down. 

“I feel like I’m in my own world,” Ruano said. “My problems stay back home.” When she walks into a classroom full of kindergarteners, she tells herself, “Vamos a echarle ganas a este dia.” Let’s do this. 

It’s an easy place for her mind to wander to the version of the future she has dreamed for herself. She’s an assistant teacher supporting the youngest learners with the most challenging needs. “I’m always thinking about getting my teaching license,” Ruano said, “so I can have my own classroom.” 

Milwaukee has for years struggled with a shortage of teachers, falling victim to the nationwide teacher shortage. The district’s superintendent announced recently that the next school year would start with 80 vacant teaching positions, and that’s with a recent decision to thin the district’s central office by moving more than a fifth of its administrative staffers with teaching certifications into classroom positions. 

Yessenia Ruano walks down stone steps with her dog on a leash in front of a brick building.
Early in the morning, Ruano walks her dog, Copito, through her Milwaukee neighborhood on April 15, 2025. (Jamie Kelter Davis for The 19th)

In El Salvador, Ruano graduated from high school and worked her way through college to become an upper-grade teacher. She looked for work in education and wound up cleaning houses instead, joining other teachers with training but no place in the workforce. “You just end up having to do other work,” Ruano said. “I got here and saw that there’s so much opportunity. Here, they need teachers.”

Ruano’s workday begins outside the school, where her job is to welcome kids getting dropped off by their parents. On a frigid April day — she does this same job on frigid January days, too, just with extra gear — most of the interactions are quick hellos and good mornings. One little boy in a Minecraft backpack is refusing to walk in. He’s sad, and he’s asking for his mom. Ruano leans down to chat with him for a minute, a hand on his shoulder, a warm smile beaming. Eventually, he decides to go inside. 

A tan brick school building behind a chain-link fence and a basketball court.
ALBA School, where Ruano works as an assistant teacher, stands quiet on a Sunday morning in Milwaukee. (Jamie Kelter Davis for The 19th)

Ruano’s job at this public school has anchored her firmly in this community. As part of Ruano’s public plea to immigration officials, teachers and parents from her school have written letters about the value she brings to her community. One parent wrote that their child had been upset for days, worried about the fate of his favorite teacher. Ruano read one of these letters during a news conference before she walked into her February check-in, surrounded by TV cameras and supporters from Voces de la Frontera. Within 48 hours, they collected 2,800 signatures in an online petition supporting Ruano.

When Ruano walked out of the courthouse that day, she went to the school to drop off her girls. Students filled the hallways and stairwells, erupting in cheers, relieved that she had not been detained. 

“What was really sweet was that she led them in singing our school song. They’re usually quiet and shy when we sing it during our school assemblies. That day they were not,” said Brenda Martinez, who helped found the school and acts as its principal. Martinez has been worried about Ruano’s case and said the school can’t afford to lose her. 

“She has a lot of patience to work with the littlest learners. That’s who she is,” Martinez said. “To lose her is like losing a member of our family.” 


One of the most remarkable aspects of Ruano’s journey, she’ll say herself, is her own outlook in the face of so much upheaval. “La esperanza no se me quita,” Ruano said. For the most part, she can’t shake the hope that someday, things will inevitably work out. 

When she reached a point of desperation earlier in the year, she said the thought that pulled her out was a Bible verse she’d memorized. “I could hear Joshua 1:9 in my head: ‘Have I not commanded you? Be strong and courageous. Do not be frightened, and do not be dismayed, for the Lord your God is with you wherever you go.’”

A man in a leather jacket lifts his hand in prayer inside a church.
A man raises his hand in prayer during Mass at Nuestra Señora de la Paz, on April 6, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Ruano and her family are devout Catholics and also involved with a local Evangelical church. Faith runs through their lives, though the urgency with which Ruano prays lately is new. 

During a recent Spanish-language Mass at the parish the family attends — the large hall filled quickly to capacity — the Rev. Javier Bustos opened the service with a prayer that asked God for “justice for the nation’s immigrants.” Bustos said in an interview that since the start of the Trump administration, fear has become palpable in his community, and Ruano’s family is just one of the many whom he prays for. 

In many ways, Ruano’s journey to the United States is not unique. She watched violence escalate in El Salvador, and grieved when her brother was kidnapped and later murdered. Her fear for her safety, combined with economic uncertainty, made a future in her home country look grim. 

Yessenia Ruano stands in front of a stained-glass window, her face lit by the colors.
Yessenia Ruano stands for a portrait at her church, Nuestra Señora de la Paz, on April 6, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Her first attempt to enter the United States resulted in her immediate removal. She tried again less than a year later, paying a group of coyotes to guide her way into the country safely. Once in the United States, Ruano said, she became trapped in a filthy home and forced to work for her captors. She was eventually released after they extorted more money from her family back home. This forms the basis for her claim for a T visa, which requires her cooperation with law enforcement. 

Bustos, Ruano’s priest, said in an interview that every immigrant’s story is different, but that losing closely knit members of this church community feels the same: “Like losing an arm, or a limb.” 

Ruano is an active member of the church’s prayer group and volunteers during Mass. This Sunday, she was tasked with a Bible reading in front of the several hundred gathered, including her husband and daughters, who smiled watching her walk up to the lectern. 

A crowd walks out of a church doorway into the daylight after mass.
Parishioners stream into the sunshine after Sunday Mass at Nuestra Señora de la Paz on April 6, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Later, she attended a training for members hoping to work with young children, focused on keeping them safe. Ruano is part of a group of members who have committed nearly every Saturday for the next two years to walking a group of children through an intense curriculum in the Catholic faith, up to their First Communion. 

Ruano already started the rigorous curriculum with her group of students. She hopes to be around to watch them reach the rite of passage.


There’s a single Salvadoran restaurant in Milwaukee. Its owner, Concepcion Arias, says business has changed since Trump was elected. Fewer customers are coming through the doors, and even some of the regulars are asking for their meals to go. “People don’t want to be out and about,” she said. 

But Ruano and her family are here on a Sunday after church, one of their regular spots for a meal after Mass. Paola orders a plate of fries with ketchup, while Eli goes for traditional pupusas. 

Yessenia Ruano sits at a restaurant table with her daughters, who smile and stick out their tongues.
After church, Ruano and her family eat lunch at a neighborhood Salvadoran restaurant on April 6, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

On the cover of the menu is a picture of a beach in El Salvador. “That’s where my uncle lives,” Ruano says. The girls glance at the small photo of the sunny tropical landscape. When Ruano was a teenager, she moved to this coastal town to work at her uncle’s hotel, a job that helped her pay for school. The girls agree the beach looks beautiful, but then Paola chimes in: “I’m really scared I’m going to die on a plane.” She’s thinking about the prospect of ever traveling to El Salvador, a place she only knows through her parents’ stories. 

Little moments like this one remind all four that the threat of removal hangs heavily over their lives. When lunch is over, the family heads back home, and then Miguel goes out to meet with a contractor. Their home’s roof is overdue for a replacement — one of dozens of to dos that are suddenly urgent. Miguel is worried about leaving their home in less than good shape if Yessenia is removed to El Salvador.

Under the Biden administration, a pending T visa application would typically halt removal proceedings, but that guarantee no longer exists under the Trump administration. At the end of the Biden administration, the wait time for USCIS to confirm it had received a visa application averaged about four weeks. On the day of Ruano’s February check-in with ICE, the Trump administration fired 50 employees from USCIS. Within a few weeks, immigration lawyers were reporting that the wait time for visa application receipts had started to grow. When Ruano called USCIS to check on her case in early April, an agent said the average wait time was 10 weeks. When she checked in with USCIS in early May, they told her the wait had grown to four months.

Yessenia Ruano and her daughters walk down a city sidewalk near the ICE field office.
Yessenia Ruano fixes her daughter’s hair while laughing with her twins on the sidewalk as they walk to her appointment at the U.S. Immigration and Customs Enforcement field office on April 15, 2025, in Milwaukee. (Jamie Kelter Davis for The 19th)

Her lawyer, Marc Christopher, who has spent years working on immigration cases in the Milwaukee area, said he’s not sure why ICE hasn’t fast-tracked her deportation, but that in a multi-tiered system where so much is up to discretion, it’s not clear who will have the final say on her case.

She is due back for another appointment with ICE at the end of May. In an interview Tuesday, Ruano said she remains hopeful. She’s also started to sell household items they no longer use on Facebook Marketplace, a small step toward resignation. She hasn’t bought flights for her husband or daughters and hopes she won’t have to. The zinnia seeds are now one-inch sprouts.

Ruano’s daughters will turn 10 in early June. This year, they’re most looking forward to celebrating their birthday at school, with cupcakes in class, surrounded by their friends, their mom nearby. 

Ruano’s flight is scheduled to leave the United States the next day.

This story was originally reported by Mel Leonor Barclay of The 19th. Meet Mel and read more of her reporting on gender, politics and policy.

Fourteen years in Wisconsin. A one-way ticket to El Salvador. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

U.S. Supreme Court lets Trump end protected status for 350,000 Venezuelan migrants

The U.S. Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court said Monday it will allow, for now, the Trump administration to terminate temporary protections for a group of 350,000 Venezuelans, striking down a lower court’s order that blocked the process.

The order still means the group of Venezuelans on Temporary Protected Status — a designation given to nationals from countries deemed too dangerous to return to remain in the U.S. — will be able to continue to challenge in court the end of their work permits and the possibility of removal. But they no longer have protections from deportation. 

No justices signed onto the ruling, which is typical in cases brought before the high court on an emergency basis, but liberal Justice Ketanji Brown Jackson noted she would have denied the request.

TPS status for that group of Venezuelans — a portion of Venezuelans living in the United States, not all of them — was set to end on April 7 under a move by the Trump administration.

But U.S. District Judge Edward Chen of the Northern District of California in March blocked Department of Homeland Security Secretary Kristi Noem’s decision to vacate an extension of TPS protections that had been put in place by the Biden administration until October 2026.

The case is now before the 9th Circuit Court of Appeals.

Chen, who was appointed by former President Barack Obama, blocked the Trump administration from removing protections for that group of Venezuelans on the basis that Noem’s actions were “arbitrary and capricious,” and potentially motivated by racism.

“Acting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism,” Chen wrote in his order.

Noem cited gang activity as her reason for not extending TPS for the group of 350,000 Venezuelans, who came to the United States in 2023.

A second group of 250,000 Venezuelans who were granted TPS in 2021 will have their work and deportation protections expire in September. Chen’s order did not apply to the second group of Venezuelans.

Those with TPS have deportation protections and are allowed to work and live in the United States for 18 months, unless extended by the DHS secretary.

Democrats criticized Monday’s decision, including Colorado Sen. Michael Bennet.

“Ending protections for Venezuelans fleeing Maduro’s regime is cruel, short-sighted, and destabilizing,” he wrote on social media.

Rep. Pramila Jayapal, Democrat of Washington state, wrote on social media that Venezuelans “face extreme oppression, arbitrary detention, extrajudicial killings, and torture — the exact type of situation that requires our government to provide TPS.”

Monday’s order is one of several immigration-related emergency requests from the Trump administration before the Supreme Court.

Last week, the high court heard oral arguments that stemmed from an executive order signed by President Donald Trump to end the constitutional right to birthright citizenship.

And justices in a separate case, again, denied the Trump administration from resuming the deportations of Venezuelans under an 18th-century wartime law known as the Alien Enemies Act. 

Abrego Garcia judge questions administration’s broad use of state secrets privilege

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

GREENBELT, MARYLAND — A federal judge said Friday the Trump administration has “pretty broadly” invoked the state secrets privilege to withhold information on its efforts — or, the judge indicated, a possible lack of effort — to return a wrongly deported Maryland man from a prison in El Salvador.

President Donald Trump’s administration moved last month to invoke the so-called state secrets privilege to shield information about its process to facilitate the return of Kilmar Abrego Garcia to the United States after a top immigration official admitted his removal to a prison in El Salvador was an “administrative error.”

The judge handling the case, U.S. District Judge Paula Xinis, granted an expedited discovery process after she found last month that “nothing has been done” by the administration to return Abrego Garcia.

She did not make a public order regarding the state secrets privilege Friday afternoon before closing her courtroom to the public to discuss sensitive matters with attorneys for Abrego Garcia and the Department of Justice.

The state secrets privilege is a common-law doctrine that protects sensitive national security information from being released. The Trump administration has argued the need to invoke it in this case to protect diplomatic relationships.

‘He’ll never walk free in the United States’

During the public portion of Friday’s hearing, Xinis pressed the Department of Justice attorneys about Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S.

“That sounds to me like an admission that your client will not take steps to facilitate the return,” Xinis said. “That’s about as clear as it can get.”

DOJ attorney Jonathan D. Guynn disagreed and said the Trump administration is complying with court orders. He said Noem’s comment meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

He added that the Trump administration is “currently complying and we plan to comply.”

Xinis said she disagreed, and then she clashed with Guynn over the legality of Abrego Garcia’s removal.

Guynn said that he was lawfully deported.

Xinis answered that she found months ago that Abrego Garcia was unlawfully detained and removed from the U.S.

Few documents produced

One of the attorneys for Abrego Garcia, Andrew J. Rossman, said the Trump administration has invoked the state secrets privilege for 1,140 documents relating to the case. From that request, Rossman said his team received 168 documents, but 132 were copies of court filings and requests made by him and his team.

Xinis seemed visibly stunned by Rossman’s report and had to clarify that his team had only received 36 new documents, which Rossman confirmed.

Rossman said that none of the documents for which the government is invoking the state secrets privilege are classified.

“There’s ways to do this right, and they haven’t done it,” he said, noting that he has attorneys on his team who have security clearances and can review classified and sensitive information.

Rossman said that he and his team are seeking answers to three questions: the status of Abrego Garcia, what steps the Trump administration has taken, if any, to facilitate his return, and the steps the federal government will take, if any, to comply with court orders.

Guynn said the Trump administration received an update from El Salvador on Thursday that Abrego Garcia was in “good health” and had “even gained weight.”

The U.S. Supreme Court ordered that the Trump administration must “facilitate” the return of Abrego Garcia.

Rossman, said that it’s “deeply disturbing” that administration officials, including the president, have made public statements that contradict court orders directing the government to return Abrego Garcia to the U.S.

President Donald Trump has said he could easily pick up the phone and order El Salvador to return him but won’t because he believes Abrego Garcia is a member of the MS-13 gang.

Noem was pressed at a May 14 congressional hearing about a photo that appears altered to add letters across Abrego Garcia’s knuckles to indicate his inclusion in the gang. She said she was unaware of it.

A federal judge in the District of Columbia, in a separate case regarding Trump’s use of an archaic wartime law for deportations, questioned Department of Justice attorneys on the president’s claim that he could order Abrego Garcia to be returned. The attorney admitted that the president sometimes overstates his influence abroad.

El Salvador prison

Abrego Garcia has had protections from deportation since 2019, but he was one of nearly 300 men on three mid-March removal flights to a notorious prison in El Salvador known as CECOT.

Abrego Garcia has been moved to a lower security prison, according to Maryland Democratic Sen. Chris Van Hollen, who traveled to the country last month to meet with Abrego Garcia and inquire with Salvadoran officials about why he is being held there.

Those officials said Abrego Garcia was being held because of the agreement between the United States and El Salvador.

The U.S. has a $15 million agreement with El Salvador’s government to house immigrants removed from the U.S., mostly Venezuelans removed under the wartime law, the Alien Enemies Act of 1798.

Dozens of signs outside the U.S. District Court for the District of Maryland in support of Abrego Garcia before Friday’s hearing. (Photo by Ariana Figueroa/States Newsroom)

The Trump administration has argued that Abrego Garcia is a national of El Salvador and in that country’s custody and the U.S. cannot force another government to return him. 

Hours before Friday’s hearing, dozens of protestors gathered outside the court, calling for Abrego Garcia to be returned to the U.S., as well as criticizing the Trump administration’s immigration crackdown. 

U.S. Rep. Glenn Ivey, who represents the area in Maryland where Abrego Garcia and his family live, appeared outside the court and led chants calling for the release of Abrego Garcia from El Salvador.

“The president has to obey the orders of the Supreme Court,” Ivey said. “The Supreme Court has spoken here, and it’s time for him to follow it and bring him home.”

Milwaukee judge pleads not guilty to helping man evade federal immigration agents

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Milwaukee Judge Hannah Dugan and people with cameras and microphones
Milwaukee County Circuit Judge Hannah Dugan, left, leaves the federal courthouse after a hearing Thursday, May 15, 2025, in Milwaukee. (Andy Manis / Associated Press)

A Wisconsin judge pleaded not guilty Thursday to charges accusing her of helping a man who is illegally in the country evade U.S. immigration authorities seeking to arrest him in her courthouse.

Milwaukee County Circuit Judge Hannah Dugan entered the plea during a brief arraignment in federal court. Magistrate Judge Stephen Dries scheduled a trial to begin July 21. Dugan’s lead attorney, Steven Biskupic, told the judge that he expects the trial to last a week.

Dugan, her lawyers and prosecutors left the hearing without speaking to reporters.

She 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 door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country illegally. She could face up to six years in prison if convicted on both counts.

Her attorneys say she’s innocent. They 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 that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.

A public backlash

Dugan’s arrest has inflamed tensions between the Trump administration and Democrats over the president’s sweeping immigration crackdown.

Dozens of demonstrators gathered outside the courthouse ahead of Thursday’s hearing, with some holding signs that read “Only Fascists Arrest Judges — Drop the Charges,” “Department of Justice Over-Reach” and “Keep Your Hands Off Our Judges!!” The crowd chanted “Due process rights,” “Hands off our freedom,” and “Si se puede” — Spanish for “Yes, we can” — which is a rallying cry for immigrant rights advocates.

One man stood alone across the street holding a Trump flag.

Protesters outside a building
Supporters of Judge Hannah Dugan protest outside the United States Federal Building and Courthouse in Milwaukee on Thursday, May 15, 2025, ahead of Dugan’s arraignment on charges that she helped a man in the country illegally evade arrest by immigration authorities. (Todd Richmond / Associated Press)

Nancy Camden, from suburban Mequon north of Milwaukee, was among the protesters calling for the case to be dismissed. She said she believes ICE shouldn’t have tried to arrest Flores-Ruiz inside the courthouse and the Department of Justice “overreached” in charging Dugan.

“How they handled this and made a big show of arresting her and putting her in handcuffs, all of that was intimidation,” Camden said. “And I’m not going to be intimidated. I’m fighting back.”

Esther Cabrera, an organizer with the Milwaukee Alliance Against Racist and Political Repression, said the charges against Dugan amount to “state-funded repression.”

“If we are going to go after judges, if we’re going to go after mayors, we have to understand that they can come after anybody,” she said. “And that’s kind of why we wanted to make a presence out here today is to say that you can’t come after everyone and it stops here.”

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

According to an FBI affidavit, 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. Dugan was visibly angry and called the situation “absurd” before leaving the bench and retreating to her chambers, the affidavit contends. 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, the affidavit alleges. Flores-Ruiz was free on a signature bond in the abuse case, according to online state court records. Federal agents ultimately detained 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. She was freed after her arrest.

How the case might play out

John Vaudreuil, a former federal prosecutor in Wisconsin who isn’t involved in Dugan’s or Flores-Ruiz’s cases, said the Trump administration seems to want to make an example out of Dugan. U.S. Attorney General Pam Bondi or Deputy Attorney General Todd Blanche, rather than the U.S. attorney in Milwaukee, are likely making the decisions on how to proceed, making it less likely prosecutors will reduce the charges against Dugan in a deal, he said.

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

Dugan is represented by some of Wisconsin’s most accomplished lawyers. Biskupic was a federal prosecutor for 20 years and served seven years as U.S. attorney in Milwaukee. Paul Clement, meanwhile, is a former U.S. solicitor general who has argued more than 100 cases in front of the U.S. Supreme Court. Both were appointed to jobs by former Republican President George W. Bush.

Associated Press reporters Scott Bauer in Madison, Wisconsin, and Laura Bargfeld contributed to this report.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Milwaukee judge pleads not guilty to helping man evade federal immigration agents is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

U.S. Supreme Court divided over Trump birthright citizenship ban, lower courts’ powers

Hundreds gather outside the U.S. Supreme Court on Thursday, May 15, 2025, to protest the Trump administration's effort to strip birthright citizenship from the Constitution. (Photo by Ashley Murray/States Newsroom)

Hundreds gather outside the U.S. Supreme Court on Thursday, May 15, 2025, to protest the Trump administration's effort to strip birthright citizenship from the Constitution. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — U.S. Supreme Court justices appeared split Thursday hearing a major case in which the Trump administration defended not only the president’s order to end the constitutional right to birthright citizenship but also its efforts to limit nationwide injunctions.

Though the dispute before the justices relates to the executive order on birthright citizenship that President Donald Trump signed on his Inauguration Day, the Trump administration is asking the high court to focus on the issue of preliminary injunctions granted by lower courts, rather than the constitutionality of the order.

It means that the Supreme Court could potentially limit the power of federal judges in district courts who curtail the president’s authority.

The Trump administration argues that a federal judge granting a nationwide injunction that blocks the federal government from carrying out its policy anywhere in the country is unconstitutional.

Rev. Patrick Mahoney, director of the Christian Defense Coalition, joined demonstrators outside the U.S. Supreme Court on Thursday, May 15, 2025, to protest the Trump administration's effort to strip birthright citizenship from the Constitution. (Ashley Murray/States Newsroom)
Rev. Patrick Mahoney, director of the Christian Defense Coalition, joined demonstrators outside the U.S. Supreme Court on Thursday, May 15, 2025, to protest the Trump administration’s effort to strip birthright citizenship from the Constitution. (Photo by Ashley Murray/States Newsroom)

The justices had before them three cases with injunctions levied by judges on Trump’s executive order to end birthright citizenship, from courts in Maryland, Massachusetts and Washington state. Under the 14th Amendment, all children born in the United States are considered citizens, regardless of their parents’ legal status.

Trump’s order, originally planned to go into effect Feb. 19, said that children born in the United States would not be automatically guaranteed citizenship if their parents were in the country without legal authorization or if they were on a temporary legal basis such as a work or student visa.

The justices questioned the practicality of a system in which judges can no longer issue nationwide injunctions and the logistics of instead having individuals file their own cases.

Liberal justice Elena Kagan said that would create a chaotic system, and conservative justice Neil Gorsuch said it would produce a “patchwork” of suits and noted how long it takes for a class — a group of affected people — to be put together for a court case.

Nationwide injunctions have stymied Trump’s agenda, but were also frequent during the Joe Biden administration. However, Trump has lashed out at judges who have blocked his actions, which in March prompted a rare response from conservative Chief Justice John Roberts on the importance of an independent judiciary.

‘Stateless’ children

If the Supreme Court, dominated 6-3 by conservatives, decides that nationwide injunctions are not allowed in the birthright citizenship cases, it would temporarily create a patchwork of citizenship rules varying from state to state while the cases are litigated. Liberal Justice Sonia Sotomayor said it would create a class of stateless people.

“Thousands of children who are going to be born without citizenship papers that could render them stateless in some places because some of their parents’ homes don’t recognize children of their nationals unless those children are born in their countries,” she said.

If birthright citizenship were to be eliminated, 255,000 children born each year would not be granted U.S. citizenship, according to a study by the think tank Migration Policy Institute.

40 injunctions since Jan. 20

Arguing on behalf of the Trump administration, U.S. Solicitor General D. John Sauer, in his opening remarks, noted that since Trump took office in January, there have been 40 nationwide injunctions.

“Universal injunctions exceed the judicial power granted in Article III, which exists only to address the injury to the complaining party,” he said, referring to the Constitution. “They transgress the traditional balance of equitable authority, and it creates a host of practical problems.”

Sauer touched on the merits of birthright citizenship, arguing that the 14th Amendment was only meant to grant citizenship to newly freed Black people, and not for immigrants in the country without legal authorization.

“The suggestion that our position on the merits is weak is profoundly mistaken,” Sauer said. “That kind of snap judgment on the merits that was presented in the lower courts is exactly the problem with the issue of racing to issue these nationwide injunctions.”

He said that the Trump administration would follow the high court’s ruling on birthright citizenship.

Demonstrators from the immigration advocacy organization CASA chant
Demonstrators from the immigration advocacy organization CASA chant “Up up with liberation, down down with deportation” outside of the U.S. Supreme Court on Thursday, May 15, 2025, as justices heard oral arguments on the Trump administration’s legal challenge to birthright citizenship. (Photo by Ashley Murray/States Newsroom)

Sotomayor said that the Supreme Court has ruled four times to uphold birthright citizenship, starting in 1898, in United States v. Wong Kim Ark, in which the court ruled children born in the U.S. are citizens.

The justice that seemed most inclined to agree with Sauer’s argument was conservative Clarence Thomas, who noted the use of nationwide injunctions began in the 1960s and the U.S. has survived without them.

However, conservative Justice Samuel Alito criticized that district court judges “are vulnerable to an occupational disease, which is the disease of thinking that ‘I am right and I can do whatever I want.’”

Citizenship ‘turned on and off’

New Jersey Solicitor General Jeremy Feigenbaum, who represented the states that sought an injunction against the birthright citizenship order, laid out how the patchwork of citizenship means that citizenship would be “turned on” and off depending on state lines.

“Since the 14th Amendment, our country has never allowed American citizenship to vary based on the state in which someone resides, because the post-Civil War nation wrote into our Constitution that citizens of the United States and of the states would be one and the same without variation across state lines,” he said.

Immigrant rights’ groups and several pregnant women in Maryland who are not U.S. citizens filed the case in Maryland; four states — Washington, Arizona, Illinois, and Oregon — filed the case in Washington state; and 18 Democratic state attorneys general filed the challenge in Massachusetts.

Those 18 states are California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, North Carolina, Rhode Island, Vermont and Wisconsin. The District of Columbia and the county and city of San Francisco also joined.

Feigenbaum argued that the birthright citizenship case before the justices is the rare instance in which nationwide injunctions are needed because under a patchwork system, a burden would be created for states and local facilities such as hospitals where births occur.

“We genuinely don’t know how this could possibly work on the ground,” he said.

Hundreds gather outside the U.S. Supreme Court on Thursday, May 15, 2025, to protest the Trump administration's effort to strip birthright citizenship from the Constitution. (Photo by Ashley Murray/States Newsroom)
Protesters wave signs outside the U.S. Supreme Court on Thursday, May 15, 2025, in opposition to the Trump administration’s effort to strip birthright citizenship from the Constitution. (Photo by Ashley Murray/States Newsroom)

Kelsi Corkran, who argued on behalf of immigrant rights groups, said that the Trump order is “blatantly unlawful,” and that a nationwide injunction against the executive order was warranted.

“It is well settled that preliminary injunctions may benefit non-parties when necessary to provide complete relief to the plaintiffs or when warranted by extraordinary circumstances, both of which are true here,” she said.

Corkran is the Supreme Court director at Georgetown’s Institute for Constitutional Advocacy and Protection.

Lots of injunctions

The justices seemed frustrated with the frequent use of preliminary injunctions from the lower courts not only in the Trump administration, but others that occurred during the Biden administration.

Kagan noted that during the first Trump administration, suits were filed in the more liberal courts of California, and that during the Biden administration suits were filed in the more conservative courts in Texas.

“There is a big problem that is created by that mechanism,” Kagan said.

She added that it’s led to frequent emergency requests to the high court.

Conservative Justice Brett Kavanaugh agreed, and called it a “bipartisan” issue that has occurred during Republican and Democratic presidencies.

While the justices seemed concerned about the frequent use of nationwide injunctions, they also seemed eager to address the merits of the constitutionality of the birthright citizenship executive order that could potentially impact newborns.

Kavanaugh returned to the question of the logistics of birthright citizenship and how it would even be enforced.    

He pressed Sauer on how hospitals and local governments would implement the policy and if they would be burdened.

“What would states do with a newborn?” Kavanaugh asked, adding that the executive order requires a quick implementation within 30 days.

Sauer said that hospitals wouldn’t have to do anything differently because the executive order directs the federal government to “not accept documents that have the wrong designation of citizenship from people who are subject to the (executive) order.”

Kavanaugh asked how the federal government would know who is subject to the order.

“The federal officials will have to figure that out,” Sauer said.

Any decision on the case will come before the Supreme Court’s July Fourth recess. 

Dugan appears for arraignment in federal court, protesters gather outside courthouse

Protesters gather to support Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)

Protesters gather to support Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)

Judge Hannah Dugan appeared at her arraignment Thursday in Milwaukee’s federal court and pleaded not guilty to charges that she helped a man elude federal agents in the Milwaukee County courthouse earlier this year. 

Dugan was arrested in April and was indicted Tuesday by a grand jury on two counts, concealing a person from arrest and obstruction of proceedings. The charges could carry penalties of six years of prison, years of supervision, and at least $350,000 in fines. 

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

Dugan appeared with three attorneys, and did not comment to reporters after the hearing was over. Attorneys mentioned in court that a small number of video excerpts have been shared with the defense, but discovery is still ongoing. 

Judge Lynn Adelman has been assigned to preside over Dugan’s jury trial, which was set to start on July 21, with a pretrial hearing July 9. Jury selection is expected to be lengthy and complicated. A motions hearing was set in Judge Nancy Joseph’s court on May 30.

Dugan is accused of escorting a man into a public hallway with access to elevators after federal agents arrived outside her courtroom, where the man, a Mexican immigrant, was having a routine hearing in a misdemeanor battery case.

The agents had an administrative warrant for his arrest, which was not signed by a judge and did not give agents the authority to enter the courtroom. While the agents waited in the hallway outside, Dugan directed the man and his attorney out a side door that exited into the same hallway. The agents saw him leave the room and one rode down the elevator with him before he was arrested later on the street. 

Outside the Milwaukee federal courthouse on Thursday, a crowd of about 200 people gathered, including elected officials, activists and local residents showed up early in the morning to support the circuit court judge. Speakers led chants through a microphone on the courthouse steps.

One person at the rally, Erik Fanning, said that the charges against Dugan feel “preposterous,” and argued that a judge would be knowledgeable about what the law would and would not allow her to do in courtroom situations. 

Protesters gather to support Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)
Protesters gather to support Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)

“As many people in this country have found out, the law can be manipulated in order to serve an interest that’s sometimes more powerful than the law, as we’re seeing right now in this country,” Fanning told Wisconsin Examiner. “And so that’s the fear here with me.”

After her arrest, Dugan was suspended by the Wisconsin Supreme Court, and protests erupted in Milwaukee County calling for the charges against her to be dropped.

If the case against Dugan succeeds, “That’s a powerful statement,” Fanning said. “That’s a powerful move in this game that they’re playing with our justice system.”

Shortly after Dugan’s arrest, FBI Director Kash Patel posted on social media praising her detention, then deleted the post. 

For Fanning, Dugan’s arrest felt like a “made-for-TV” moment created by the Trump administration. More press attention on Dugan’s arrest and trial validates his own instincts that “this is a watershed moment,” he said.  

“The media should be interested, because it’s a frightening, very important moment,” Fanning said. “Remember who this administration’s leader is. It’s a TV guy. It’s a manipulating the press, and propaganda guy…So everything they do is a TV show.”

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State senators hear about Wisconsin proposal to cut funding from sheriffs who don’t help ICE

A state Senate committee heard more than three hours of impassioned testimony Tuesday on a bill that would cut funding for local sheriff's offices if those sheriffs don't assist federal immigration enforcement.

The post State senators hear about Wisconsin proposal to cut funding from sheriffs who don’t help ICE appeared first on WPR.

Milwaukee County Judge Hannah Dugan files motion to dismiss federal charges in immigration case

The Milwaukee judge indicted for allegedly helping a man evade immigration agents has filed a motion to dismiss her case. Attorneys for the judge argue Circuit Court Judge Hannah Dugan has judicial immunity for official acts, and her arrest and prosecution violate Wisconsin's sovereignty.

The post Milwaukee County Judge Hannah Dugan files motion to dismiss federal charges in immigration case appeared first on WPR.

Noem, Democrats tangle over protest at New Jersey immigrant detention center

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Wednesday harshly criticized three Democrats who were accosted by federal immigration officials while protesting the opening of an immigrant detention center in New Jersey.

Democrats at the hearing of the House Homeland Security Committee in turn said Immigration and Customs Enforcement officials physically assaulted the lawmakers.

Noem, who was appearing to discuss President Donald Trump’s fiscal year 2026 budget for the agency, said the Democrats who went to Delaney Hall to oversee the conditions were not conducting proper oversight.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

“I believe that it was breaking into a federal facility and assaulting law enforcement officers,” Noem, the former governor of South Dakota, said.

Newark incident

Last Friday, the three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of an immigrant detention center.

The mayor of Newark, Ras Baraka, was arrested. It was a stark escalation of Democratic lawmakers’ opposition to the Trump administration’s immigration crackdown.

After the incident, Menendez detailed how ICE agents “pushed, physically assaulted two female members of Congress.” 

Several Republicans on the panel that oversees Homeland Security, including Chair Mark Green of Tennessee, said there should be consequences for the Democrats, such as criminal charges.

Green accused one of three Democrats of assaulting a law enforcement officer.

“This behavior demands a swift and firm response, and I assure you, action will be taken,” Green said.

Arizona GOP Rep. Eli Crane suggested there be criminal charges lodged against the Democratic members and Republican Rep. Andy Ogles of Tennessee suggested to Noem that she “look into actions (to) be taken if a member assaulted” law enforcement.

The top Democrat on the panel, Rep. Bennie Thompson of Mississippi, slammed Noem for the incident.

“Instead of following the law, masked ICE personnel stopped and assaulted the members,” he said. “Then, to make matters worse, instead of launching an investigation into the incident, your department lied to the press about the situation and threatened to arrest members of Congress for doing their job.”

One of the Democrats who was at the detention center protest, McIver, sits on the committee, but she did not speak to Noem about the incident.

“This is not about me,” McIver said, and instead pressed Noem about international students who had their visas revoked.

Focus on Abrego Garcia

Democrats criticized Noem and the Trump administration’s aggressive immigration enforcement that has led to swift deportations and concerns about a lack of due process.

They especially focused on Kilmar Abrego Garcia, a Maryland man who was wrongly deported to a prison in El Salvador.

Rhode Island Democratic Rep. Seth Magaziner called Noem’s leadership of DHS “sloppy,” and said it has led to immigrants and even U.S. citizen children being wrongly deported.

“Instead of enforcing the laws, you have repeatedly broken them,” Magaziner said. “You need to change course immediately before more innocent people are hurt on your watch.”

California Democratic Rep. Eric Swalwell asked Noem if Abrego Garcia was given proper due process.

Swalwell said he was defending due process and held up a poster that showed Trump holding a picture of Abrego Garcia’s hand that digitally added “MS-13” tattoos to his knuckles.

He asked her several times if the photo was doctored. Noem did not answer the question but said she was unaware of the image.

Instead she said that even if Abrego Garcia were returned to the United States, he would be immediately deported. The U.S. Supreme Court ruled the Trump administration must facilitate the return of Abrego Garcia but he remains in El Salvador.

Crane asked Noem if she supported suspending habeas corpus, something that top Trump officials such as Deputy White House Chief of Staff Stephen Miller have floated.

Habeas corpus allows people who believe they are being unlawfully detained to petition for their release in court, and it’s used to challenge immigration detention. It’s currently the only avenue that Venezuelans subject to the Alien Enemies Act of 1798 have to challenge their deportation under the wartime law.

“That’s not in my purview to weigh in on,” Noem said. “This is the president’s prerogative to pursue, and he has not indicated to me that he will or will not be taking that action.”

The U.S. Constitution allows for habeas corpus to be suspended “in Cases of Rebellion or Invasion the public Safety may require it.”

Crane argued that unauthorized immigration counted as an “invasion,” and therefore could be used to suspend habeas corpus.

Habeas corpus has been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

FEMA dismantling

Thompson grilled Noem about the president’s comments wanting to dismantle FEMA.

Noem said that she is supportive of Trump’s policy.

“The president has been clear that he wants to empower states to give them the opportunity to build out their response,” she said.

She said that while the federal government will be there for support, that local and state governments “know what they need.”

Thompson asked Noem if she had a plan for the federal government responding to natural disasters.

Noem said while there is nothing in writing, “the White House is coming forward with a plan…that will be making recommendations.”

GOP Rep. Carlos Gimenez of Florida, said that while he supports efforts to “reform FEMA,” he stressed to Noem that “we can’t leave those who can’t fend for themselves.”

Milwaukee County judge files to have federal charges against her dismissed

The Milwaukee County Courthouse (Photo by Isiah Holmes/Wisconsin Examiner)

Attorneys for Milwaukee County Judge Hannah Dugan filed a motion to dismiss the federal charges against her on Wednesday, arguing the government can’t charge her because she has judicial immunity. 

“This is no ordinary criminal case, and Dugan is no ordinary criminal defendant,” the motion states. “Dugan is a Milwaukee County Circuit Court judge. She was arrested and indicted for actions allegedly taken in and in the immediate vicinity of her courtroom, involving a person appearing before her as a party. The government’s prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional — it violates the Tenth Amendment and fundamental principles of federalism and comity reflected in that amendment and in the very structure of the United States Constitution.” 

The motion states that the problems with the prosecution “are legion,” and begin with her judicial immunity, which prevents judges from being charged with crimes for their official acts. Immunity is not a defense to be used at trial but “is an absolute bar to the prosecution at the outset,” the motion states, citing the U.S. Supreme Court’s decision in Trump v. United States that found the president can’t be charged with crimes for official acts. 

Dugan has been accused by federal officials of helping an immigrant without legal status in the U.S. escape from federal agents waiting to arrest him outside her courtroom last month. The criminal complaint alleges she directed the man, Eduardo Flores-Ruiz, who came to her court for a routine hearing in a misdemeanor case, out a side door to avoid federal agents waiting to arrest him with an administrative warrant. Flores-Ruiz and his lawyer exited the courtroom into the same hallway where the agents were waiting and a DEA agent rode down the elevator with him before he was arrested on the street. 

Trump administration officials have touted the case as an example of a stern federal response to “deranged” judges across the country working to stymie the president’s efforts to increase immigration enforcement. 

Dugan’s motion states the facts alleged in the indictment and criminal complaint against her would be disproven at trial, but that the case should never get that far. 

“Even if (contrary to what the trial evidence would show) Judge Dugan took the actions the complaint alleges, these plainly were judicial acts for which she has absolute immunity from criminal prosecution,” the motion states. “Judges are empowered to maintain control over their courtrooms specifically and the courthouse generally.” 

Dugan’s attorneys also argue that the prosecution violates the Tenth Amendment, which clarifies the balance of power between states and the federal government. The motion states that federal agents going into a state courthouse to arrest a sitting judge is a violation of the Constitution. 

“The government’s prosecution here reaches directly into a state courthouse, disrupting active proceedings, and interferes with the official duties of an elected judge,” the motion states. “The federal government violated Wisconsin’s sovereignty on April 18 when it disrupted Judge Dugan’s courtroom, and it is violating Wisconsin’s sovereignty now with this prosecution. The Court should end the violation of Wisconsin’s sovereignty and dismiss the indictment.” 

Dugan is scheduled to appear in court for her arraignment Thursday morning.

gov.uscourts.wied.111896.15.0

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20 state AGs sue feds for tying transportation and disaster funding to immigration enforcement

Federal funding for the Washington Bridge demolition and rebuild project faces new uncertainty under new executive directives tying infrastructure grants to states’ cooperation with federal immigration policies. (Photo by Christopher Shea/Rhode Island Current)

This story first appeared on the Rhode Island Current.

There’s no reason why money for road repairs and flood protections should hinge upon states’ cooperation with federal immigration policies, contend 20 Democratic states attorneys general.

That’s why the AGs are asking a federal judge to stop federal agencies from a “grant funding hostage scheme” that requires detaining undocumented immigrants who don’t commit crimes in order to receive key federal grants and aid.

Two new federal lawsuits filed in U.S. District Court in Rhode Island Tuesday against the U.S. Department of Homeland Security (DHS) and U.S. Department of Transportation (DOT) aim to protect and preserve billions of federal dollars already awarded to states for emergency preparedness, disaster relief and infrastructure projects.

Directives issued in April by DHS and DOT secretaries informed states that their federal funding required compliance with federal immigration policies. The AGs — representing Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Washington, Wisconsin and Vermont — allege this violated constitutional protections for separation of powers.

“By hanging a halt in this critical funding over States like a sword of Damocles, Defendants impose immense harm on States, forcing them to choose between readiness for disasters and emergencies, on the one hand, and their judgment about how best to investigate and prosecute crimes, on the other,” the lawsuit against DHS, the Federal Emergency Management Agency (FEMA) and the U.S. Coast Guard, and their leaders, states.

“Defendants’ grant funding hostage scheme violates two key principles that underlie the American system of checks and balances: agencies in the Executive Branch cannot act contrary to the authority conferred on them by Congress, and the federal government cannot use the spending power to coerce States into adopting its preferred policies. Defendants have ignored both principles, claiming undelegated power to place their own conditions on dozens of grant programs that Congress created and bulldozing through the Constitution’s boundary between state and federal authority.”

The AGs say state and local public safety officials have more important work to do than cater to the whims of a new administration, which stand in contradiction to state-level directives like, for example, authorizing licenses for undocumented immigrants. Rhode Island lawmakers granted driving privileges for undocumented residents in 2022, with a July, 1 2023 effective date, joining 19 other states and D.C.

Federal protocols followed by U.S. Immigrations and Customs Enforcement (ICE) and other agencies could force state and local police to use state license laws as a way to find and detain undocumented immigrants.

“As a former U.S. Attorney and former federal prosecutor, I know how many ICE agents are in Rhode Island and it’s under 10,” Rhode Island Attorney General Peter Neronha, said during a virtual news conference Tuesday. “What they need in order to carry out their agenda is for us to do the work for them, pulling us away from important law enforcement work in Rhode Island.”

No state has seen federal funding cut off since directives were issued by U.S. Homeland Security Secretary Kristi Noem and U.S. Transportation Secretary Sean Duffy. Not yet.

States’ abilities to respond to natural disasters and security threats, and complete key infrastructure projects, including the much-anticipated rebuild of the westbound Washington Bridge in Rhode Island, hinge upon a continued flow of congressionally authorized federal grants and aid.

The $221 million Biden-era infrastructure grant awarded to Rhode Island for the Washington Bridge project only became accessible in late March, after weeks of uncertainty in the wake of the administration change. Gov. Dan McKee’s office and the Rhode Island Department of Transportation did not immediately respond to inquiries for comment Tuesday regarding continued access to the funds in the wake of Duffy’s April 24 directive tying federal infrastructure grants to compliance with federal diversity and immigration policies.

The Duffy directive fails to provide any statutory or legal explanation for why transportation funding relates to immigration enforcement. The new requirements  jeopardize more than $628 million in federal funding in Rhode Island, and billions of dollars more across the country, the AGs argue in their lawsuit against Duffy and DOT.

“If Plaintiff States reject Defendants’ unlawful Immigration Enforcement Condition, they will collectively lose billions in federal funding that is essential to sustain critical public safety and transportation programs, including highway development, airport safety projects, protections against train collisions, and programs to prevent injuries and deaths from traffic accidents. The loss of this funding will cause state and local providers to scale back or even terminate many of these programs and projects,” the complaint states. “More cars, planes, and trains will crash, and more people will die as a result, if Defendants cut off federal funding to Plaintiff States.”

Similarly dire predictions accompany the loss of security and disaster funds, which includes $3 billion in FEMA money to states each year, according to the lawsuit against DHS. Rhode Island received more than $45 million in FEMA grants in 2024 alone, according to the lawsuit.

The new complaints reprise language of the 20 state AG lawsuits against the Trump administration that preceded them, calling the executive agencies’ actions “arbitrary and capricious” and in clear violation of constitutional separation of powers and spending clauses.

Neronha during the press conference pointed to the success that AGs have had in other lawsuits, temporarily preserving funding and policy protections for education, immigration, research funding, public health, and grants and aid to state governments, among others.

Not that he expects the frenzy of legal activity will abate anytime soon.

“As we stack wins against the Trump administration for violation of the Constitution and other federal laws, what we are seeing is a creeping authoritarianism in this country,” Neronha said. “The president is trying to take power for himself. He’s trying to sideline Congress, and now, he’s attempting to undermine the judiciary.”

Neronha likened the latest federal directives attempting to force states to redirect their own law enforcement to serve federal civil immigration policies to “holding a gun to states’ heads.”

Rhode Island, home to four of the 20 federal lawsuits against the Trump administration already, was again picked as the setting for the latest complaints due to the “strong team” within Neronha’s office, he said.

Neronha and other AGs bringing the two cases against the administration also stressed the sum of their collaborative parts.

“We’ve built the best and biggest law firm in the country, and we’re fighting for all Americans,” Neronha said.

The U.S. Department of Justice did not immediately respond to requests for comment on Tuesday.

The lawsuit against DOT was assigned to U.S. District Chief Judge John Jr. McConnell Jr., while the case against DHS was assigned to Senior District Judge William E. Smith, according to the public court docket.

Rhode Island Current is part of States Newsroom, a national nonprofit news organization.

Trump’s attack on birthright citizenship to be heard by U.S. Supreme Court

The U.S. Supreme Court on Thursday, May 15, 2025, will hear cases related to President Donald Trump's executive order on birthright citizenship. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court on Thursday, May 15, 2025, will hear cases related to President Donald Trump's executive order on birthright citizenship. (Photo by Jane Norman/States Newsroom)

WASHINGTON — U.S. Supreme Court justices on Thursday are set to hear oral arguments in three cases stemming from the Trump administration’s attempt to end the constitutional right of birthright citizenship — though the focus may be on the power of district court judges to issue orders with national effects.

It’s one of the first major legal fights of the Trump administration’s second term to reach the high court, and one of several immigration-related emergency requests to be considered.

The justices have before them three challenges to President Donald Trump’s executive order to end birthright citizenship, from courts in Maryland, Massachusetts and Washington state. Under birthright citizenship, all children born in the United States are considered citizens, regardless of their parents’ legal status.

But the Trump administration has asked the Supreme Court to focus instead on whether lower court judges can issue nationwide injunctions, rather than the constitutionality of the executive order. Such injunctions affect everyone in the country and not just those involved in the case or living in the court’s district.

It is up to the court alone to decide, though, what it wants to consider, and justices could also wade into the birthright citizenship question.

If birthright citizenship were to be eliminated, more than a quarter of a million children born each year would not be granted U.S. citizenship, according to a new study by the think tank Migration Policy Institute.

It would effectively create a class of 2.7 million stateless people by 2045, according to the study.

The lawyers who will be making oral arguments in court are New Jersey Solicitor General Jeremy Feigenbaum and Kelsi Corkran, Supreme Court director at Georgetown’s Institute for Constitutional Advocacy and Protection.

In briefs, they argue that the Trump administration has not shown it will be harmed by the multiple district courts placing the executive order on hold.

On the core issue of birthright citizenship, in their briefs, they argue that the 14th Amendment “guarantees citizenship to all born in the United States and subject to the jurisdiction thereof” and cite Supreme Court cases that have upheld birthright citizenship to those born in the U.S.

Nine justices, three cases

The nine justices will hear arguments on whether lower courts erred in granting a nationwide pause on the policy that extended beyond the plaintiffs who initially filed the challenge.

Immigrant rights’ groups and several pregnant women in Maryland who are not U.S. citizens filed the case in Maryland; four states — Washington, Arizona, Illinois, and Oregon — filed the case in Washington state; and 18 Democratic state attorneys general filed the challenge in Massachusetts.

Those 18 states are California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, North Carolina, Rhode Island, Vermont and Wisconsin.

Solicitor General D. John Sauer, who will argue on behalf of the Trump administration, has criticized the nationwide injunctions as impeding the executive branch’s authority. 

The Trump administration has contended that it’s unconstitutional for federal judges to issue nationwide injunctions. Instead, the Trump administration said, the injunctions should be limited to those who brought the challenges.

Wong Kim Ark case

On Trump’s Inauguration Day, he signed an executive order, which was originally planned to go into effect Feb. 19, that children born in the United States would not be automatically guaranteed citizenship if their parents were in the country without legal authorization or if they were on a temporary legal basis such as a work or student visa.

Birthright citizenship was adopted in the 14th Amendment of the Constitution in 1868, following the Civil War, to establish citizenship for newly freed Black people. In 1857, in Dred Scott v. Sandford, the Supreme Court initially denied citizenship to Black people, whether they were free or enslaved.

In 1898, the Supreme Court upheld birthright citizenship, when the justices ruled in United States v. Wong Kim Ark that children born in the U.S. are citizens.

In that case, Ark was born in San Francisco, California, to parents who were citizens of the Republic of China, but had a temporary legal authority to be in the country, such as a visa.

When Ark left the U.S. for a trip to China, on his return his citizenship was not recognized and he was denied reentry due to the Chinese Exclusion Act— a racist law designed to restrict and limit nearly all immigration of Chinese nationals.

The high court eventually ruled that children born in the United States to parents who were not citizens automatically become citizens at birth.

In arguments in the lower courts on the current case, attorneys on behalf of the Trump administration argue that the Wong Kim Ark case was misinterpreted and pointed to a phrase in the 14th Amendment: “subject to the jurisdiction.”

The Trump administration contends that phrase means that birthright citizenship only applies to children born to parents who are “subject to the jurisdiction” of the United States. In their view, people in the U.S. without legal status or temporary legal status are “subject to the jurisdiction” of their country of origin.

Tribal sovereignty

Tribal law scholars have noted that the language pertaining to “jurisdiction of” stems from the idea of political alliance when it comes to tribal sovereignty.

It’s from another Supreme Court case involving the U.S. citizenship of American Indian citizens, which the Trump administration focuses on in its argument, citing Elk v. Wilkins in 1884.

In that case, the Supreme Court denied citizenship to John Elk, a Winnebago man living in Omaha, Nebraska, on the grounds that “Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign states; but they were alien nations, distinct political communities.”

Torey Dolan, an assistant professor of law at the University of Wisconsin Law School, said the Trump administration’s reliance on Elk in its birthright citizenship executive order and the idea the political alliance of a parent would then transfer to a child is a misinterpretation.

“A lot of this reliance on Elk is really a distortion,” Dolan said. “I think the administration’s reliance is a stretch, at best, and a bastardization of the case, at worst.”

Dolan, an enrolled citizen of the Choctaw Nation of Oklahoma, said some Native Americans were excluded from citizenship in the 14th Amendment because during that time, Congress would specifically sign treaties with tribes and grant citizenship.

“That is consistent with a long history of Congress creating pathways to Indian citizenship,” she said.

After the justices hear arguments on Thursday, any decision is likely to come before the Supreme Court’s recess in early July. 

U.S. Supreme Court asked to allow deportations of 176 Venezuelans held in Texas

Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

WASHINGTON — The Trump administration is asking the U.S. Supreme Court to lift its own injunction placed last month in the Northern District of Texas to allow for the deportation of a group of Venezuelan nationals under an 18th-century wartime law.

In the Monday filing, the Trump administration stated that the 176 Venezuelans have alleged ties to the Tren de Aragua gang, and are therefore subject to removal under the Alien Enemies Act of 1798.

U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement that detaining suspected members of the Tren de Aragua gang poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

She said that 23 migrants barricaded themselves in the Bluebonnet Detention Facility in Anson, Texas. and “threatened to take hostages, and endangered officers.” Reuters sent a drone over the facility, and captured images of the detained men spelling out SOS with their bodies, over fears that they would be sent to El Salvador. 

The Trump administration has removed those subject to the Alien Enemies Act to a notorious mega-prison in El Salvador.

The administration request stems from an April 18 emergency application from the American Civil Liberties Union that asked the high court to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

The justices, in a 7-2 ruling, ordered that while the lower case is before the 5th Circuit Court of Appeals, “the Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.”

Monday’s filing by Solicitor General D. John Sauer argues that those Venezuelans subject to the proclamation must be deported because the migrants “have proven to be especially dangerous to maintain in prolonged detention.”

In a Wednesday response, the ACLU warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

“And under the government’s position, courts will lack authority to remedy unlawful removals to the CECOT Salvadoran prison, where individuals could be held incommunicado for the remainder of their lives,” according to the ACLU brief.

In a separate emergency filing that issued a nationwide injunction that barred the Trump administration from invoking the proclamation, the Supreme Court ruled that, for now, the Trump administration can continue to use the Alien Enemies Act.

But the justices unanimously ruled that those who are subject to the wartime law must be given proper due process as enshrined in the U.S. Constitution.

Several federal judges have blocked the use of the wartime law in their districts that cover Colorado, Northern and Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

In court documents, the Trump administration has noted that adequate time for someone to challenge an Alien Enemies Act designation is roughly 12 hours. 

As Trump deportation efforts ramp up, Wisconsin Republicans push ICE cooperation

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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Federal grand jury indicts Milwaukee judge in immigration case, allowing charges to continue

A printed notice taped to a wooden courtroom door informs attorneys, witness coordinators, and court officials that if anyone feels unsafe attending court in person, they may request a Zoom appearance by notifying the Branch 31 clerk. Key words like “ATTENTION” and “A PERSON” are highlighted in orange. The notice is dated April 14, 2025, and the door has signage identifying it as Courtroom 615.
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 A federal grand jury on Tuesday indicted a Wisconsin judge accused of helping a man evade immigration authorities, allowing the case against her to continue.

The arrest of Milwaukee County Circuit Judge Hannah Dugan escalated a clash between President Donald Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown. Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to the crackdown.

Prosecutors charged Dugan in April via complaint with concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can initiate charges against a defendant directly by filing a complaint or present evidence to a grand jury and let that body decide whether to issue charges.

A grand jury still reviews charges brought by complaint to determine whether enough probable cause exists to continue the case as a check on prosecutors’ power. If the grand jury determines there’s probable cause, it issues a written statement of the charges known as an indictment. That’s what happened in Dugan’s case.

Her team of defense attorneys responded to the indictment with a one-sentence statement saying that she maintains her innocence and looks forward to being vindicated in court.

Dugan was scheduled to enter a plea on Thursday.

No one immediately returned a voicemail left at the U.S. attorney’s office in Milwaukee seeking comment on the indictment.

Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.

Prosecutors say Dugan 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.

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 that morning of April 18 for a hearing.

Court documents suggest 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 over the agents’ arrival 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 away from the courtroom, according to the affidavit.

She then returned to the courtroom and was heard saying words to the effect of “wait, come with me” and ushered Flores-Ruiz and his attorney out through a back jury 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 at the time, according to online state court records.

Federal agents ultimately captured him outside the courthouse after a foot chase.

The state Supreme Court suspended Dugan from the bench in late April, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.

Federal grand jury indicts Milwaukee judge in immigration case, allowing charges to continue is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Milwaukee County Judge Dugan indicted in immigration obstruction case

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)

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)

Milwaukee County Judge Hannah Dugan was indicted Tuesday by a federal grand jury on charges of concealing a person from arrest and obstruction of proceedings. 

Dugan has been accused by federal officials of helping an undocumented immigrant escape from federal agents waiting to arrest him outside of her courtroom last month. 

The case has been cited by officials in the administration of President Donald Trump as an example of “deranged” judges working to stymie the administration’s increased immigration enforcement. Critics, including 150 judges of both political parties who wrote a letter to the Department of Justice objecting to Dugan’s arrest, have said the charges against a sitting state judge mark an escalation by the Trump administration trying to make a political point in a weak case to attack the judiciary.

Tuesday’s indictment is a normal procedural step in a criminal case but attorneys said after Dugan’s arrest late last month that it was strange that federal prosecutors hadn’t gotten a grand jury indictment prior to bringing the charges against her. Instead, U.S. attorneys filed a criminal complaint, which publicized the case immediately and allowed Dugan’s attorneys to learn the allegations against her. 

The charges stem from a routine court appearance in April by Eduardo Flores-Ruiz, a 30-year-old Mexican immigrant accused of misdemeanor battery. While he was in the courtroom, agents from U.S. Immigration and Customs Enforcement (ICE), the FBI and DEA arrived with an administrative warrant to arrest Flores-Ruiz. 

That warrant, which was not signed by a judge, did not give agents the authority to enter the courtroom. The agents waited in the hallway outside. Dugan directed Flores-Ruiz and his attorney out a side door of the room that exited into the same hallway. The agents saw him leave the room and one rode down the elevator with him before he was arrested later on the street. 

Dugan has been temporarily removed from her seat on the Milwaukee County Circuit Court by the Wisconsin Supreme Court while the charges are pending, but after the indictment, her attorneys said in a statement she’ll fight the charges. 

“Judge Dugan asserts her innocence and looks forward to being vindicated in court.” 

Dugan is scheduled to appear in court on Thursday morning.

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Amid protests and Democratic pushback, U.S. House GOP launches work on Medicaid cuts

Capitol Police remove a protester in a wheelchair from the House Energy And Commerce Committee hearing room during the committee markup of part of the budget reconciliation package on May 13, 2025 in Washington, D.C. (Photo by Jemal Countess/Getty Images for Protect Our Care)

Capitol Police remove a protester in a wheelchair from the House Energy And Commerce Committee hearing room during the committee markup of part of the budget reconciliation package on May 13, 2025 in Washington, D.C. (Photo by Jemal Countess/Getty Images for Protect Our Care)

WASHINGTON — The U.S. House committee tasked with overhauling energy policy and Medicaid to achieve $880 billion in spending cuts on Tuesday began what was expected to be a long, grueling session with debate on dozens of amendments.

Republicans on the panel argued during opening statements the proposed changes are necessary to realign several programs with President Donald Trump’s campaign promises and some long-standing GOP policy goals, primarily an extension of the 2017 tax cuts.

Democrats contend the legislation, one of 11 measures that will make up the GOP’s “big, beautiful bill,” would kick millions of people out of Medicaid, the state-federal program for lower income Americans, some people with disabilities and a considerable number of nursing home patients.

Energy and Commerce Committee Chairman Brett Guthrie, R-Ky., said the GOP bill is aimed at reducing waste, fraud and abuse within Medicaid “by beginning to rein in the loopholes, by ensuring states have the flexibility to remove ineligible recipients from their rolls and removing beneficiaries who enrolled in multiple states.”

“We make no apologies for prioritizing Americans in need over illegal immigrants and those who are capable but choose not to work,” Guthrie said. “Our priority remains the same: strengthen and sustain Medicaid for those whom the program was intended to serve — expectant mothers, children, people with disabilities and the elderly.”

Democratic New Jersey Rep. Frank Pallone, ranking member on the panel, rejected comments that the GOP bill was “moderate” and said it clearly was not aimed at addressing waste, fraud and abuse.

“Medicaid is a life-saving program that 80 million Americans count on every day,” Pallone said. “It provides health care to 1 in 3 Americans and nearly half of all children in the United States. It covers close to half of all births. And it’s the largest source of funding for long-term care for seniors and people living with disabilities. With this bill, Republicans are essentially telling millions of Americans, ‘Gotcha, no more health care for you.’”

Pallone added that Republican lawmakers were “intentionally taking health care away from millions of Americans, so they can give giant tax breaks to the ultra-rich, who frankly don’t need them.”

Just before Pallone spoke, several protesters in the room, including at least three people in wheelchairs, began chanting “No cuts to Medicaid” and were led out by U.S. Capitol Police, who charged 25 people with illegally demonstrating in the Rayburn House Office Building.

Photos of constituents

Democrats gave numerous opening statements at the start of the markup, each holding up a large photograph of one of their constituents on Medicaid and sharing stories of how the program helped them get or keep access to health care after complex diagnoses, like congestive heart failure, leukemia and cerebral palsy.

Democratic lawmakers expressed concern those people would lose access to the health care program if the GOP bill becomes law.

“You don’t just gut the largest insurer of low income Americans without real harm,” said Illinois Democratic Rep. Robin Kelly. “Call it what it is — abandonment, disinvestment and pure disregard for human life.”

Florida Republican Rep. Kat Cammack rebuked some of the Democrats’ comments, which she said sought to fearmonger and lie to people about what was in the GOP bill.

“The posters that our colleagues on the left have held up are touching. The stories, they’re very emotional. And I agree that we want to protect those most vulnerable,” Cammack said. “As a pregnant woman, I want to make sure that pregnant women, expectant mothers have access to resources around the country.”

Cammack added that “not a single person in those posters is going to be impacted by this legislation.”

Floor action as soon as next week

Republicans have already approved eight of the reconciliation bills in committee and are scheduled to wrap up work on the remaining three measures this week. The Ways and Means Committee began debating the tax bill shortly after Energy and Commerce began its markup, and the Agriculture panel was scheduled to begin its debate Tuesday evening.

Later this week, the House Budget Committee plans to bundle all 11 bills together and send the full package to the floor. The entire House is set to vote on the legislation before Memorial Day.

GOP leaders cannot afford much disagreement over the entire package, given their paper-thin majority in the House. If all of the current members are present at the vote, just three Republicans can oppose the package and still have it pass.

The same margin exists in the Senate, which is expected to make substantial changes to the package should the House approve the measure and send it across the Capitol.

$880 billion cut

The Energy and Commerce Committee’s bill up for debate Tuesday met the panel’s goal of cutting at least $880 billion in federal spending during the next decade, according to a letter from the nonpartisan Congressional Budget Office.

Congress’ official scorekeepers, however, hadn’t released their full analysis of the panel’s bill before the start of the debate and amendment process, known in Congress as a markup.

Once those details are made public, lawmakers and the voters who elected them will have a much more detailed look at how each of the proposed changes will affect federal revenue, spending and the number of people who could lose access to Medicaid.

Democrats released a CBO analysis last week showing the impact of various proposals, though Energy and Commerce GOP staff cautioned Monday during a background briefing that what they proposed in the actual bill didn’t completely align with those scenarios.

The bill would make considerable changes to Medicaid if the House and Senate approve the legislation as written, which seems highly unlikely, given objections from several GOP senators, including Missouri’s Josh Hawley.

The House legislation would require able-bodied people between the ages of 19 and 65 to work, participate in community service, or attend an education program for at least 80 hours a month. There would be exceptions for pregnant people, Medicaid enrollees with dependent children and people with complex medical issues, among other exclusions.

That provision would take effect on Jan. 1, 2029, according to an explainer on the bill from nonpartisan health research organization KFF.

States would be required to check eligibility for all Medicaid patients every six months, lowering the threshold from one year for people eligible for the program under the expansion in the 2010 Affordable Care Act. That would need to begin by Oct. 1, 2027.

Republicans are seeking to get the 12 states that allow immigrants without legal status into their Medicaid programs to change course by lowering the percent the federal government pays for those states’ expansion population enrollees from 90% to 80%. That would take effect Oct. 1, 2027.

The legislation seeks to block Medicaid funding for a narrow subset of health care providers who offer abortion services, which appeared to target Planned Parenthood.

The prohibition would apply to “providers that are nonprofit organizations, that are essential community providers that are primarily engaged in family planning services or reproductive services, provide for abortions other than for Hyde Amendment exceptions, and which received $1,000,000 or more (to either the provider or the provider’s affiliates) in payments from Medicaid payments in 2024,” according to a summary of the GOP bill. It would take effect as soon as the bill becomes law and last for a decade.

The Hyde Amendment allows federal funding for abortions that are the result of rape, or incest, or that endanger the life of the pregnant patient.

Planned Parenthood, SBA Pro-Life react

Planned Parenthood Action Fund President and CEO Alexis McGill wrote in a statement that defunding the organization and overhauling Medicaid would mean that “cancers will go undetected; it will be harder than ever to get birth control; the nation’s (sexually transmitted infection) crisis will worsen; Planned Parenthood health centers will close, making it significantly harder to get abortion care; and people across the country will suffer — all so the supremely wealthy can become even richer.”

SBA Pro-Life America President Marjorie Dannenfelser applauded the potential change to federal funding.

“It’s time to stop forcing taxpayers to fund the Big Abortion industry. Thanks to Speaker (Mike) Johnson and Energy and Commerce Committee Chairman Brett Guthrie, this year’s budget reconciliation bill contains the commonsense language to make that happen,” Dannenfelser wrote. “Taxpayers should never be mandated to prop up an industry that profits from ending lives and harming women and girls.”

More than 80 organizations, including the National Women’s Law Center and the Center for Reproductive Rights, wrote in a letter to congressional leaders that cutting off Medicaid funding for Planned Parenthood “would be catastrophic, shutting down health centers and stripping millions of patients across the country of access to essential and affordable health care.”

“In many communities, Planned Parenthood health centers are the only affordable provider with expertise in sexual and reproductive health,” the organizations wrote. “For those communities, the gap left by Planned Parenthood health centers would mean that many patients would have nowhere to turn for care.”

President of the American College of Obstetricians and Gynecologists Stella Dantas wrote in a statement the GOP’s changes to Medicaid might create challenges for pregnant patients seeking to access care and that some states may roll back their expansion of postpartum coverage from a full year.

“Pregnant patients who keep their coverage under Medicaid will still face challenges accessing care as labor and delivery unit closures escalate as a result of Medicaid cuts, leaving patients to travel longer distances to give birth,” Dantas wrote. “Ob-gyns are also concerned that the cuts will threaten the 12 months of postpartum coverage that we have fought so hard to achieve, and which will leave so many without access to medical care during the year after delivery when two-thirds of maternal deaths occur.

“Backsliding on our recent progress in increasing access to postpartum coverage puts lives at risk.”

American Public Health Association Executive Director Georges Benjamin wrote in a statement that House Republicans’ planned overhaul of Medicaid “does nothing to improve public health.”

“Instead, it would undermine much of the progress we have made to expand access to affordable, quality health insurance and implement other evidence-based measures to protect the public’s health,” Benjamin wrote. “We urge the House to reject this bill and instead work in a bipartisan manner on legislation to improve public health and expand access to health care for all Americans.”

 

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