Legal experts call arrest of Wisconsin judge 'extreme and unnecessary'

Federal authorities walked Circuit Court Judge Hannah Dugan out of her Milwaukee courtroom in handcuffs.

by Judith Ruiz-Branch
Wisconsin News Connection

MILWAUKEE - Legal experts and advocates are outraged over the arrest of a Milwaukee judge last week who was charged with helping an undocumented defendant avoid arrest by Immigration and Customs Enforcement.

Federal authorities walked Circuit Court Judge Hannah Dugan out of her Milwaukee courtroom in handcuffs. They said she allowed an undocumented defendant appearing in her courtroom to use a side door exit to avoid ICE agents who were waiting for him. The agents later apprehended him.

Protests have since broken out in response to the arrest and legal experts are calling the charges extreme and unnecessary.

John Gross, clinical associate professor of law at the University of Wisconsin Law School, described it as a photo op for federal prosecutors.

Dugan is charged with obstruction of proceedings and concealing a person, and faces up to six years in prison and a $350,000 fine.

"Federal law enforcement is trying to send some kind of message to let state officials know that they will try to aggressively prosecute anyone who can be viewed as interfering in any way with their agenda," Gross contended.

In a post on X last week, Tom Homan, President Donald Trump's border czar, warned anyone who impedes enforcement efforts or conceals "illegal aliens" will be prosecuted. Dugan is charged with obstruction of proceedings and concealing a person, and faces up to six years in prison and a $350,000 fine.

Ray Dall'Osto, partner at Gimbel, Reilly, Guerin and Brown, has practiced law in Milwaukee since 1977. He said the complaint against Judge Dugan contains misperceptions and factual inaccuracies. It is common practice for lawyers and defendants to use side doors in courtrooms like Dugan's, Dall'Osto explained, which often have full dockets.

What is uncommon and unprecedented, he pointed out, is having six officers from different federal agencies show up unannounced to a state courthouse for one immigration arrest.

"This is part of the Trump administration's gathering and requiring all federal law enforcement, no matter what, whether it's alcohol, tobacco, and firearms or DEA or FBI, to basically become immigrant catchers," Dall'Osto asserted. "Unfortunately, that's taking them away from the real crimes."

He argued Dugan is being targeted as part of a larger agenda the Trump administration has against judges. Removing her from the bench in the interim, he added, places a significant burden on an already taxed judicial system in Milwaukee.

"Again, this is highly atypical when you have offenses of this nature, particularly of someone who is not a flight risk, who is a known upstanding citizen and a lawyer and a judge, to do that, that's outrageous and totally unnecessary."

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