Wisconsin Judge Accused of Obstructing Immigration Agents Seeks Dismissal of Case

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Lawyers for Judge Hannah C. Dugan, a state judge in Wisconsin who has been accused of obstructing immigration agents, sought on Wednesday to dismiss the federal charges against her.

A court filing by her defense lawyers, which came a day after Judge Dugan was indicted by a federal grand jury in Milwaukee, asserted that the “government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts.” “Since at least the early 17th century in England, and carried on through common law in the United States, judges of record have been entitled to absolute immunity for official acts with a few exceptions not applicable here,” the filing said, adding that the efforts to prosecute the judge were “virtually unprecedented and entirely unconstitutional.”

Justice Department officials have defended their prosecution of Judge Dugan. They say the judge directed an undocumented immigrant who was appearing in her courtroom last month to an exit that was separate from a hallway where immigration officers were waiting to arrest him. The Justice Department did not immediately respond on Wednesday to a request for comment.

“It doesn’t matter what line of work you are in, if you break the law, we will follow the facts and we will prosecute you,” Attorney General Pam Bondi has said about the case.

The immigrant, Eduardo Flores-Ruiz, was arrested outside the courthouse following a foot chase. Mr. Flores-Ruiz, a Mexican immigrant, was in the United States illegally, federal authorities have said. He had appeared in Judge Dugan’s courtroom in Milwaukee County Circuit Court in connection with a domestic abuse case.

Judge Dugan at a rally in Milwaukee in March.Credit…Lee Matz/Milwaukee Independent, via Associated Press

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