Additional Coverage:
- Federal judge pauses sentencing to weigh argument in Wisconsin judge’s immigration case conviction (nbcnews.com)
Federal Judge Reviews Guilty Verdict Against Former Wisconsin Judge Hannah Dugan
MILWAUKEE – A federal judge is reconsidering the jury’s guilty verdict against former Wisconsin Judge Hannah Dugan, who was convicted of felony obstruction for assisting an immigrant in evading federal officers. This case has emerged as an early judicial challenge to President Donald Trump’s expansive immigration enforcement policies.
U.S. District Judge Lynn Adelman postponed Dugan’s scheduled sentencing on Wednesday to hear arguments on whether her conviction should be overturned.
The judge did not issue a ruling during the hearing and did not specify when a decision might be forthcoming. Both Dugan and attorneys from both sides declined to comment after leaving the courtroom.
Defense Cites Key Appeals Court Ruling
Dugan’s attorney, Steven Biskupic, argued that her conviction was flawed and should be dismissed. He based this claim on a recent decision by the 4th U.S. Circuit Court of Appeals, which overturned a significant Virginia immigration case cited during Dugan’s trial.
Biskupic contended that the overturned Virginia case undermines the legal foundation for Dugan’s conviction, which rested on a federal obstruction statute. “Our primary argument is this was an invalid theory of conviction,” he said.
The Virginia case involved an undocumented immigrant who escaped after being detained by ICE but was later recaptured and charged with obstructing a pending immigration proceeding. The appeals court ruled that the ICE action did not amount to a “pending proceeding” as required by the federal obstruction law.
Dugan’s defense asserts that since there was no formal “pending proceeding” against the immigrant in her court-only an arrest warrant-she should not have been charged. Biskupic emphasized that filing a warrant does not qualify as a “proceeding” under the law.
Prosecutors, however, maintain that the Virginia case’s facts differ significantly from Dugan’s situation and argue that other legal precedents support her conviction. Acting U.S.
Attorney Richard Frohling urged the court to uphold the verdict, asserting that the appeals court erred in overturning the Virginia ruling. When questioned by the judge about the definition and duration of a “proceeding,” Frohling responded, “It could be a couple minutes, it could be a couple years.
It all depends on the context.”
Sentencing Delayed Amid Legal Debate
At 67 years old, Dugan faces up to five years in prison following her December 19 conviction. Nonetheless, experts suggest prison time is unlikely given federal sentencing guidelines that typically recommend probation for first-time offenders convicted of nonviolent crimes.
Two weeks after her conviction, Dugan resigned from her nine-year tenure as a Milwaukee County circuit judge amid impeachment threats from Republican lawmakers. She was present for Wednesday’s hearing but remained silent.
The Trump administration initiated the case as part of its vigorous immigration crackdown. Supporters of the administration portrayed Dugan as an activist judge, while her defense argued she was being unfairly targeted and claimed judicial immunity, a defense that was rejected at trial.
Dugan’s case was notable as the first time a Wisconsin state judge faced trial on charges of obstructing immigration agents. She was acquitted of a related misdemeanor charge involving concealing an individual to prevent arrest.
Background: Helping an Immigrant Avoid ICE Arrest
The incident leading to Dugan’s conviction occurred on April 18, 2025. Immigration officers arrived at the Milwaukee County courthouse after learning that Eduardo Flores-Ruiz, who had illegally reentered the country, was set to appear before Dugan for a state battery case hearing.
Dugan confronted the ICE agents outside her courtroom, directing them to the chief judge’s office, asserting that their administrative warrant was insufficient to justify arresting Flores-Ruiz.
Following the agents’ departure, Dugan escorted Flores-Ruiz and his attorney out through a private jury door. ICE agents spotted Flores-Ruiz in a corridor, pursued him outside, and arrested him after a brief foot chase. A week later, FBI agents arrested Dugan at the courthouse, taking her into custody in handcuffs.
Flores-Ruiz was deported in November. The ongoing legal proceedings continue to draw attention to the complexities and tensions surrounding immigration enforcement and judicial authority.