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Attorney General Kaul joins lawsuit against Trump conditions on crime victim funds

Community organizations such as DAIS in Dane County could see further cuts if the Trump Administration is allowed to withhold VOCA funds. (Photo by Henry Redman/Wisconsin Examiner)

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.

Wisconsin Attorney General Josh Kaul has joined a multi-state lawsuit against the Trump Administration’s demand that states participate in federal immigration enforcement efforts or risk losing access to federal money available through the Victims of Crime Act. 

If the conditions are allowed to go through, Wisconsin could lose up to $24 million meant to help compensate victims of crime as well as fund local advocates, counselors and crisis response centers, according to a state Department of Justice news release

“VOCA funding is intended to be used to help victims of crime,” Kaul said in a statement. “It is appalling that the Trump administration is weaponizing this funding.”

Wisconsin is joined in the lawsuit, which was filed in a Rhode Island federal district court, by New Jersey, California, Delaware, Illinois, Rhode Island, Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington, and the District of Columbia.

VOCA takes fees, fines and penalties collected in federal court proceedings and disburses those funds to the states to use on victim services — which can include the operations of community-based organizations such as domestic violence shelters and rape crisis centers and the work of victim-witness offices within county district attorneys’ offices. 

While individual law enforcement agencies have agreed to help immigration authorities in various capacities through efforts such as Immigration and Customs Enforcement’s 287(g) program, the lawsuit argues that civil immigration enforcement is strictly a federal responsibility.  Requiring that states participate in such actions violates the constitution’s tenets of separation of powers and federalism, the suit argues. 

A handful of communities across the state have enacted policies to prevent local law enforcement from aiding ICE enforcement. Milwaukee Police Department policy states that immigration enforcement is the authority of the federal government and local cops getting involved in the enforcement of immigration law could harm the department’s relationship with immigrant communities. 

“With a policing philosophy that is community-based, problem-oriented, and data-driven, we are committed to ridding the city’s streets of violent offenders regardless of whether such offenders are in the United States legally or illegally,” the policy states. “We are also committed to facilitating safe, sustainable communities where individuals are encouraged to report crime and provide the police with useful information and intelligence. However, proactive immigration enforcement by local police can be detrimental to our mission and policing philosophy when doing so deters some individuals from participating in their civic obligation to assist the police.” 

The Trump Administration’s threat to withhold VOCA funds comes as the program has already seen massive cuts. Last year, Wisconsin’s portion of federal VOCA grants dropped from $40 million annually to $13 million. 

Because of those previous cuts, shelters across Wisconsin have been struggling to make ends meet and retain the services available for victims of crime. 

“Victim services is not just about one person gets hurt and experiences trauma, and then they’re helped and they go on with their lives,” Shira Phelps, executive director of DOJ’s Office of Crime Victim Services, told the Wisconsin Examiner last year. “This is really about sort of taking away a foundation for communities that help in every other aspect. Housing, education, all of those different fields are going to feel this really deep impact.”

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ACLU report shows growth of Wisconsin immigration enforcement

Waukesha County Sheriff Department, one of the agencies which participate in the 287(g) program. (Photo by Isiah Holmes/Wisconsin Examiner)

The Waukesha County Sheriff Department, one of the agencies that participate in the 287(g) program. (Photo by Isiah Holmes/Wisconsin Examiner)

The number of Wisconsin county sheriff’s offices participating in a collaborative program with Immigration and Customs Enforcement (ICE) has jumped from nine to 12 this year, with other forms of cooperation with ICE growing across the state, according to a report by the American Civil Liberties Union (ACLU) of Wisconsin

The report shows more sheriff offices joining the 287(g) program over the last three years. The program carves out dedicated immigration operations within the sheriff’s offices, shares data with ICE and increases local participation in ICE detention requests. 

The ACLU report, released Tuesday, is an update from its 2022 report on Wisconsin’s “Jail-to-deportation pipeline.” 

“Immigrants have been an important part of the fabric of Wisconsin for many years,” said Tim Muth, senior staff attorney at the ACLU of Wisconsin, in a statement released by the ACLU, along with the updated report. “They are a part of our families. They are our coworkers, friends, and neighbors, and the public should know what their local law enforcement agencies are doing.”

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.

In 2022, there were eight law enforcement across the state participating in the 287(g). The program allows ICE Enforcement and Removal Operations (ERO) to partner with state and local law enforcement agencies, who are empowered to dedicate their own resources to pursuing people living without legal immigration paperwork in the United States. 

“ICE recognizes the importance of its relationships with law enforcement partners to carry out its critical mission,” states a Department of Homeland Security (DHS) webpage

Agencies can participate in 287(g) under a few different models including a “jail enforcement” model that focuses on people without legal immigration status already in local jails on other criminal charges, a “task force” model that gives local law enforcement officers limited authority to enforce immigration law and a warrant service program which allows local law enforcement to serve administrative warrants to people without legal status within county jails.

The participants in 287(g) include the sheriff’s offices of Brown, Fond du Lac, Kewaunee, Manitowoc, Marquette, Outagamie, Sheboygan, Washington, Waukesha (which is listed twice on the DHS website’s “pending agencies” portion), Waupaca, Wood, and Winnebago counties. 

A growing number of Wisconsin sheriffs continue to opt into this program, actively contributing to the jail-to-deportation pipeline.

– ACLU of Wisconsin

Six of those sheriffs (Kewaunee, Outagamie, Washington, Waupaca, Winnebago, and Wood counties) joined the program between from March to June of this year. The rest began participating in 287(g) in 2020, according to the ACLU report,

While some law enforcement agencies have joined the program, others have distanced themselves from immigration enforcement. The Milwaukee County Sheriff’s Office does not participate in the 287(g) program, and both that office and the Dane County Sheriff limit or prohibit their participation in immigration activities. The Milwaukee Police Department (MPD) also has policies limiting its own involvement in immigration enforcement in the interest of preserving a trusting and cooperative relationship with the community, the policies state.

“The expansion of these agreements enables ICE to further embed its enforcement presence within local jurisdictions, often circumventing community-driven policies against immigration enforcement,” the report states. “These partnerships not only divert local resources from community safety initiatives but also significantly heighten the risk of racial profiling and erode trust between law enforcement and immigrant communities.”

The ACLU has also found that between 2021 and 2024, the Wisconsin Department of Corrections (DOC), along with 29 counties, received over $7 million in federal funds through the State Criminal Alien Assistance Program (SCAAP). The ACLU states that the funds were “in exchange” for data sharing with ICE. Wisconsin Examiner reached out to DOC, the story will be updated with any reply from the the state agency regarding data sharing.

Protesters gather to support Judge Hannah Dugan. (Photo by Isiah Holmes/Wisconsin Examiner)
Protesters gather outside of the Milwaukee federal building. (Photo by Isiah Holmes/Wisconsin Examiner)

That data is just part of a growing immigration enforcement and detention network across the state. From Oct. 2021 to June 2025, according to the report, ICE sent over 3,300 immigration detainers to Wisconsin. These are situations in which ICE requests that a local jail hold individuals for up to 48 hours beyond their scheduled release, the ACLU report states. “Although these detainers are often not accompanied by a warrant signed by a neutral judicial official and lack authority under Wisconsin law,” it explains, “most sheriffs across the state continue to honor them.”

Although over 3,300 individuals have been held between Oct. 2021 and June 2025, the biggest jump in detainer requests occurred this year. Between Jan. 1 and June 10, there were 1,065 ICE detainers in Wisconsin. By comparison there were 942 ICE detainers during all of 2024, 853 detainers during a 12-month period between October 2022 and September 2023 and 474 in the 12 months before that. 

“These numbers demonstrate that even without a judge-signed warrant, ICE continues to issue these ‘requests,’ and a significant number of Wisconsin jails continue to comply,” the ACLU’s report states. “This practice is problematic as federal deportation proceedings are civil, not criminal, matters and Wisconsin law does not provide legal authority for law enforcement to act on civil immigration detainers.”

Some sheriff offices are even taking it a step further than 287(g) and SCAAP. New financial agreements have also been arranged with counties such as Brown, Sauk and Ozaukee. In Brown County, the sheriff maintains a $90,000 contract for detention and transportation services, carrying a $70.00 per detainee, per day reimbursement, and another $36.00 per hour, with mileage and funding, for transportation services. Sauk County receives a $106.00 per-diem rate for housing ICE detainees, and Ozaukee County gave ICE the ability to purchase cell space in its jail by building off an existing contract with the U.S. Marshall Service. The ACLU calls this a “concerning trend” of local sheriffs “not only passively complying with ICE requests” but also “actively entering into benefiting from direct financial arrangements to house and transport immigrants for ICE removal activities.”

The report also highlights recent legislation which would require more cooperation with ICE. Republican lawmakers have introduced bills that would compel sheriffs to work with ICE regardless of their own priorities, mandate citizenship investigations of jail detainees, mandate compliance with detainer requests, and other policies.

To counter these advancements, the ACLU is calling on community members to reach out to their local sheriffs and police chiefs to learn more about where they stand on ICE cooperation, push agencies to prioritize community trust over obedience, and engage with lawmakers on the proposed bills. 

“These cozy relationships between ICE and many sheriffs are disrupting our communities and funneling immigrant community members into the federal deportation machine,” said Muth.

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More ‘Alligator Alcatraz’ centers to be built by states flush with cash, experts predict

In an aerial view from a helicopter, the migrant detention center dubbed "Alligator Alcatraz" by Florida Republicans is seen at the site of the Dade-Collier Training and Transition Airport on July 4, 2025 in Ochopee, Florida.  (Photo by Alon Skuy/Getty Images)

In an aerial view from a helicopter, the migrant detention center dubbed "Alligator Alcatraz" by Florida Republicans is seen at the site of the Dade-Collier Training and Transition Airport on July 4, 2025 in Ochopee, Florida.  (Photo by Alon Skuy/Getty Images)

WASHINGTON — Former top immigration officials from the Biden administration warned Tuesday that billions for immigration enforcement signed into law earlier this month will escalate the rapid detention and deportations of immigrants.

During a virtual press conference with the immigration advocacy group America’s Voice, the former Department of Homeland Security officials said they expect to see a trend toward states building “soft” temporary detention centers similar to Florida’s “Alligator Alcatraz,” the name given by Florida Republicans to an Everglades detention center.

Funding for those initiatives will come from President Donald Trump’s tax break and spending cut bill signed into law earlier this month that provides roughly $170 billion for immigration enforcement, the former officials said.

Trump’s massive tax and spending cut bill provides $30 billion for Immigration and Customs Enforcement, making it the nation’s highest-funded law enforcement agency, to hire 10,000 new agents and carry out deportations. Another $45 billion will go to ICE for the detention of immigrants and $450 million in grants to states to partake in border enforcement.

Billions more are provided for border security and for the military to partake in border-related enforcement.

Andrea Flores, who directed border management for the National Security Council under former President Joe Biden said she expects to see states running their own immigration detention centers similar to the “Alligator Alcatraz” center that state officials quickly erected to hold immigrants. That state-run facility in the Florida Everglades is expected to house up to 5,000 immigrants.

Safety for migrants questioned

Jason Houser, who served as ICE chief of staff in the Biden administration, said the quickly built detention centers will likely create an unsafe environment for immigrants brought there. The lack of experience and training for employees running those centers will also put migrants at risk, he said.

“People are gonna get hurt,” he said. “They’re gonna die.”

He added that with the arrest quotas that immigration officials have been given, roughly 3,000 arrests a day, “ICE is going to focus on those (immigrants) that are easily reachable, those who have been complying and checking in,” either with immigration officials or appearing in immigration court.

“Hitting quotas is not in the national security interest,” Houser said.

Houser said with the rapid arrest and detention of immigrants, the need for detention centers will likely lead to states building the “soft sided” detention centers in “some of the most rural parts of the country where they cannot be properly staffed and resourced.”

Flores said if states work to build their own centers like the one in Florida, there will likely be a lack of oversight because DHS has significantly fired federal employees that ran the watchdog that conducted oversight of ICE — the Office for Civil Rights and Civil Liberties.

Flores currently serves as the vice president of immigration policy at FWD.us, which focuses on immigration policy and reform.

Increase expected in third-country removals

Royce Murray, a former DHS assistant secretary for border and immigration policy and a U.S. Citizenship and Immigration Services official during the Biden administration, said she is concerned that the Trump administration will now be able to ramp up third-country removals with the increase in funding.

Any removals  to a third country “have to be to a country that is safe,” she said.

If an immigrant has a final order of removal but their home country will not accept their deportation, then the United States typically looks for another country that will accept the removal — a third country.

The Trump administration has tried to secure agreements with countries to take deportees, such as Mexico and South Sudan, which recently ended a civil war, but is still experiencing violence. The State Department warns against travel to South Sudan, but the Trump administration won a case before the Supreme Court seeking to use the East African country for third-country removals.

Murray said that the Trump administration is using third-country removals to “create a climate of fear” and get immigrants to self-deport.

She said if third-country removals are going to take place, they “need to be a place where people can successfully integrate.”

U.S. Rep. Moore joins lawmakers calling on ICE to protect immigrant crime victims

Congresswoman Gwen Moore speaks during the protest against President Donald Trump, Elon Musk, and elected republicans. (Photo by Isiah Holmes/Wisconsin Examiner)

Congresswoman Gwen Moore speaks during the protest against President Donald Trump and Elon Musk on April 5, 2025. (Photo by Isiah Holmes/Wisconsin Examiner)

U.S. Rep. Gwen Moore joined U.S. Rep. Pramila Jayapal (D-Washington) in issuing a letter calling on the heads of the Department of Homeland Security (DHS) and Immigrations and Customs Enforcement (ICE) to reinstate directives protecting crime victims who are seeking T or U visas from immigration enforcement.

Moore and Jayapal called for the Trump Administration to reinstate ICE Directive 11005.3, which offered protections for immigrant crime victims, and for people currently in ICE custody who have applied for a T or U visa to be released within 60 days of the letter.

“Congress created victim-based immigration benefits to encourage noncitizen victims to seek assistance and report crimes committed against them despite their undocumented status,” Moore and Jayapal wrote.

The Biden-era directive posited that, rather than hindering law enforcement, “when victims have access to humanitarian protections, regardless of their immigration status, and can feel safe in coming forward, it strengthens the ability of local, state, and federal law enforcement agencies, including ICE, to detect, investigate, and prosecute crimes.”

In their letter, Moore and Jayapal highlighted the directive’s ties to the Violence Against Women Act,  stressing that, “T and U visas were designed to strengthen the relationship and build trust between victims of crime and law enforcement.” Prosecutors often rely on T and U visa holders for “critical eyewitness testimony” the letter states. “These visa programs make everyone in our communities safer. Without them, undocumented victims and witnesses might be too scared to come forward to report crimes to the detriment of all.”

Under ICE Directive 1105.3, the agency was instructed to “exercise prosecutorial discretion to facilitate access to justice and victim-based immigration benefits by noncitizen crime victims.” Agents were directed to “refrain from taking civil immigration enforcement action against known beneficiaries of victim-based immigration benefits and those known to have a pending application for such benefits.” ICE officers were also directed to “look for indicia or evidence that suggests a noncitizen is a victim of a crime, such as being the beneficiary of an order of protection or being the recipient of an eligibility letter from the Office of Trafficking in Persons.”

The Trump administration’s broad crackdown on immigrants who lack permanent legal status has targeted  crime victims who hold or are applying for T or U visas.  In June Ramone Morales Reyes, a Milwaukee man who had lived in the United States for decades and was actively cooperating in a U-Visa investigation, was arrested and detained by ICE. After arresting Morales Reyes, DHS Sec. Noem issued a press release claiming that Morales Reyes had penned a letter threatening to assassinate President Donald Trump. The letter, however, had been written in perfect English with only a few misspellings. Morales Reyes’ family, as well as immigration advocates and attorneys, said that it was impossible for him to have written the letter as he could not speak English and was not proficient in reading or writing in Spanish. When ICE arrested Morales Reyes, local law enforcement were already investigating the possibility that someone was attempting to frame him. 

In early June, Morales Reyes was released from ICE detention on bond, and a man who’d been arrested for attempting to rob him months earlier admitted to forging the letter to trigger a deportation, and prevent Morales Reyes from testifying against him. Moore and U.S. Rep. Mark Pocan sought to visit Morales Reyes while he was in custody, and called on Noem to retract her statement accusing him of threatening Trump. 

Rather than retracting the accusations, however, DHS Assistant Secretary Tricia McLaughlin issued a statement after Morales Reyes was released on bond calling him a “criminal illegal alien” and claiming that, while he is no longer under investigation for threats against Trump, “he is in the country illegally” and has committed previous crimes. The statement asserted  that “DHS will continue to fight for the arrest, detention, and removal of illegal aliens who have no right to be in this country.” 

ICE also worked to deport Yessenia Ruano, a Milwaukee  teacher’s aid. Ruano had been a victim of human trafficking, and was applying for a T-Visa. In mid-June, Ruano opted to return to El Salvador with her two daughters, who were born in the United States. 

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Judge recommends that case against Dugan proceed

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)

A federal magistrate judge recommended on Monday that the criminal case against Milwaukee County Judge Hannah Dugan proceed. Dugan has been indicted on charges that she helped an immigrant without legal status who came to her courtroom for a hearing on a misdemeanor charge evade federal immigration authorities. 

Dugan was arrested in April and indicted in May. She’s pleaded not guilty to charges of concealing an individual to prevent arrest and obstruction. 

The case has become an example of the Trump administration’s effort to punish judicial interference with its escalation of immigration enforcement. In April, 31-year-old Eduardo Flores-Ruiz was in Dugan’s courtroom when federal agents from Immigration and Customs Enforcement, the Drug Enforcement Agency and FBI arrived at the Milwaukee County Courthouse to arrest him. 

Prosecutors say Dugan helped Flores-Ruiz out a side doorway to avoid arrest but the doorway Dugan led Flores-Ruiz and his attorney use led to the same hallway in which the agents were waiting and one took the elevator down with them. Flores-Ruiz was arrested on the street outside. 

In May, Dugan had filed a motion to dismiss the charges against her, arguing she is immune from prosecution because she was acting in her official capacity as a judge and that the arrest violated Wisconsin’s sovereignty as a state by disrupting a state court hearing and prosecuting a state judge. 

On Monday, U.S. Magistrate Judge Nancy Joseph recommended that the motion to dismiss be denied. The final decision on dismissal is up to U.S. District Judge Lynn Adelman, who does not need to follow Joseph’s recommendation. 

“We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” Dugan attorney Steven Biskupic, a former federal prosecutor, said in a statement. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.”

In her recommendation, Joseph wrote that judicial immunity applies when a judge is being sued for civil damages, not criminal charges. 

“A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law,” she wrote.

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Milwaukee teacher’s aide Yessenia Ruano self-deports to El Salvador

Yessenia Ruano as she prepares to self-deport to El Salvador (Photo courtesy of Voces de la Frontera)

Yessenia Ruano as she prepares to self-deport to El Salvador (Photo courtesy of Voces de la Frontera)

A Milwaukee teacher’s aide has decided to self-deport back to El Salvador, following moves by the Trump administration’s Immigration and Customs Enforcement (ICE) agency to remove her from the country. Yessenia Ruano, who worked at the Academia de Lenguaje y Bellas Artes bilingual school in Milwaukee, is the mother of 10-year-old twin girls. Although the girls were born in the United States, Ruano took her daughters with her back to El Salvador on Tuesday, choosing to self-deport and keep her family intact rather than being forcibly removed by ICE. 

On Friday, federal immigration officials denied Ruano’s request for an emergency stay, which would have halted the government’s attempts to remove her while her visa application was considered, WPR reported. Ruano’s attorney Marc Chirstopher said that ICE gave a one-sentence rationale for denying the stay. 

Christopher said that ICE officials claimed that Ruano “did not warrant a favorable exercise of discretion.” 

“Quite frankly, if she doesn’t warrant it, I don’t know who does.” Christopher said. Ruano did not have a criminal record. She crossed the southern border in 2011 to escape gang violence after local gang members murdered her brother. Christopher added that “she’s very involved in the community,” as  a teacher’s aide for kindergarten teachers, owns  her own house and  pays taxes into a safety net system she is not eligible to access. 

 “I am extremely disappointed in ICE’s decision to deny an emergency stay for my constituent Yessenia Ruano,” U.S. Rep.  Gwen Moore (D-Milwaukee) said in a statement. “It is outright cruel to force a human trafficking victim to return to the place she was fleeing from.” Ruano was applying for  a T-visa, which confers legal status on  victims of human trafficking. “T-visas are meant for people like Yessenia, but sadly, she wasn’t even given the chance to have her case heard,” said Moore. “Yessenia is a wonderful person and her and [her] children’s removal from Milwaukee will be a loss to our community.”

Ruano received a letter telling her  to self-deport on June 3, spurring condemnation from Milwaukee residents, immigrant rights advocates and elected leaders. At the time, Ruano’s attorneys said that it appeared that ICE was abandoning policies of waiting for T and U visas — which protect victims of trafficking and crime victims who are cooperating with law enforcement— to be processed. 

Milwaukee County Executive David Crowley wrote on the social media website X that “deporting valued members of our community who are raising and educating our kids, assisting law enforcement in their important work, and giving back to our neighborhoods should alarm us all. It is wrong and unjust.” Crowley added that “these individuals are victims of a broken immigration system. The Trump Administration told the country they were only going after ‘the worst of the worst’. But time and time again, we see them targeting the very people who contribute the most — our neighbors, coworkers, our friends.” The county executive warned that “I am deeply alarmed that our country continues to turn its back on our most vulnerable. By not standing up and protecting our neighbors, we’re not just failing them — we’re failing our entire community. Due process is under attack, and that should concern all of us in Wisconsin and across the country.”

During a May 30 hearing, ICE officials told Ruano to self-deport by June 3. During that hearing her attorneys filed for an emergency stay, beginning a wait-period of several weeks until a decision was finally made, WPR reported. Attorney Christopher said that few emergency stays are being granted under the second Trump administration. 

Earlier this month, the Milwaukee Common Council released a statement opposing Ruano’s impending deportation, and held 14 minutes of silence to honor her 14 years in the United States. “Yessenia has developed roots here,” the council stated. “She is a wife with two Milwaukee-born daughters. She is an educator. She is a volunteer. She is a contributing member of our society. All of us should be outraged by this decision and what it means for Yessenia and her family, and other immigrants who could be facing similar fates.” 

“If there is one thing this case has made crystal clear,” the statement continued,  “it’s that the immigration laws and systems in our country are broken, and the administration at the federal level is more concerned with scapegoating hard working immigrants than fixing the process so it is fair and works for everyone.”

Before Christopher took on  Ruano as a client about two months ago, Ruano had paid over $14,000 in legal fees to file the T-visa application to a different team of Ohio-based attorneys. 

“From what I’ve been seeing consistently through other cases and hearing from other attorneys, they’re not granting hardly any stays for anyone really,” said Christopher. “I am more than positive that she would have been able to remain in the U.S. while the T-visa was pending…under previous administrations.” 

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Trump administration asks federal court not to dismiss charges against Milwaukee County judge

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)

Prosecutors for the Trump administration filed a brief Monday requesting that a federal judge not dismiss the government’s indictment against Milwaukee County Judge Hannah Dugan. 

Dugan faces criminal charges after Immigration and Customs Enforcement agents, along with agents from the Drug Enforcement Agency and FBI, arrived in the Milwaukee County Courthouse April 18 to arrest 31-year-old Eduardo Flores-Ruiz for being in the country illegally. 

Flores-Ruiz was set to appear in Dugan’s courtroom that day for a status hearing on misdemeanor charges against him. When Dugan learned that the agents were outside her courtroom, she confronted them and learned they only had an administrative warrant, which was issued by an agency official and not a judge. An administrative warrant doesn’t allow agents to enter private spaces in the courthouse such as Dugan’s courtroom. 

Later, while the agents were waiting for Flores-Ruiz in the hallway outside the main courtroom door, Dugan sent him and his attorney out a side door into the hallway. One of the agents rode down the elevator with Flores-Ruiz and he was later arrested on the street.

Dugan-DOJ-Filing

Dugan was charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. Last month, Dugan’s attorneys filed a motion to dismiss the case against her, arguing she was acting in her official capacity as a judge and therefore immune from prosecution for her actions and that the federal government is impinging on the state of Wisconsin’s authority to operate its court system. 

The case drew national attention, with Department of Homeland Security Secretary Kristi Noem and FBI Director Kash Patel both making public statements about Dugan’s arrest before she’d even been indicted. Legal experts have questioned the strength of the federal government’s case and accused Trump officials of grandstanding to make a political point. 

In the Monday filing, federal prosecutors argued that dismissing the case would ignore previously established law that allows judges to face criminal charges. 

“Such a ruling would give state court judges carte blanche to interfere with valid law enforcement actions by federal agents in public hallways of a courthouse, and perhaps even beyond,” the prosecutors argued. “Dugan’s desired ruling would, in essence, say that judges are ‘above the law,’ and uniquely entitled to interfere with federal law enforcement.”

Dugan is set to appear for trial on July 21.

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