Milwaukee County Circuit Judge Hannah Dugan’s attempt to have her legal proceedings dropped has been recommended against by Federal Magistrate Judge Nancy Joseph. 

Dugan is accused of helping an illegal alien evade U.S. immigration officials at the Milwaukee County courthouse after realizing that the officials were there to arrest him. He was later apprehended outside the building.

Dugan contended that she is immune from prosecution due to her role as a judge and claimed that federal immigration officials violated the constitutional separation of powers between state and federal governments.

Dugan’s argument implies that since Immigration and Customs Enforcement (ICE) operates under the Executive Branch, their actions interfered with her responsibilities as a member of the Judiciary, or Judicial Branch.

Joseph countered that, “A judge’s actions, even when done in her official capacity, do not bar criminal prosecution if the actions were done in violation of the criminal law,” as noted in her recommendation. (RELATED: Déjà Vu: Two Judges, Two Indictments—16 Years Apart)

Joseph emphasized the need to uphold judicial norms and impartiality. “Dugan is presumed innocent, and innocent she remains, unless and until the government proves the allegations against her are beyond a reasonable doubt to a jury at trial,” she wrote.

While Dugan’s attorney expressed disappointment in the recommendation, he vowed to appeal it. He posited that the ultimate outcome that he and Dugan seek will “preserve the independence and integrity of our courts,” referring to the potential precedent that the outcome of this case could set. (RELATED: Milwaukee Educator Self-Deports Amid Trump-Era Immigration Pressure).

If found guilty, Dugan could face up to six years in prison and a $350,000 fine. No trial date has been set at this time.

These events continue to evolve in the midst of a growing movement on the American Left to directly interfere with Federal immigration enforcement, including a memo from Wisconsin Governor Tony Evers to State employees, directing them to refuse cooperation with Federal immigration officials.