Skip to Content Facebook Feature Image

Wisconsin judge argues prosecutors can't charge her with helping a man evade immigration agents

News

Wisconsin judge argues prosecutors can't charge her with helping a man evade immigration agents
News

News

Wisconsin judge argues prosecutors can't charge her with helping a man evade immigration agents

2025-05-15 05:33 Last Updated At:05:41

MADISON, Wis. (AP) — A Wisconsin judge charged with helping a man who is in the country illegally evade U.S. immigration agents who were trying to detain him at her courthouse filed a motion to dismiss the case Wednesday, arguing that there's no legal basis for it.

Attorneys for Milwaukee County Circuit Judge Hannah Dugan argue in their motion that her conduct on the day in question amounted to directing people's movement in and around her courtroom, and that she enjoys legal immunity for official acts she performs as a judge. They cite last year's U.S. Supreme Court ruling in President Donald Trump's 2020 election interference case that found that former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts.

“The problems with the prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts,” the motion says. “Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset.”

The judge overseeing her case is Lynn Adelman, a former Democratic state senator. Former President Bill Clinton appointed him to the bench in 1997.

Kenneth Gales, a spokesperson for the U.S. attorney's office in Milwaukee, declined to comment on the motion.

Federal prosecutors charged Dugan in April with obstruction and concealing an individual to prevent arrest. A grand jury indicted her on the same charges on Tuesday. She faces up to six years in prison if convicted of both counts.

Her attorneys insist Dugan is innocent. She's expected to enter a not guilty plea at her arraignment Thursday.

Dugan's arrest has escalated a clash between the Trump administration and Democrats over the Republican president's sweeping immigration crackdown. Democrats contend that Dugan's arrest went too far and that the administration is trying to make an example out of her to discourage judicial opposition to the crackdown.

Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.

According to prosecutors, Eduardo Flores-Ruiz illegally reentered the U.S. after being deported in 2013. He was charged in March with misdemeanor domestic violence in Milwaukee County and was in Dugan's courtroom for a hearing in that case on April 18.

Dugan's clerk alerted her that immigration agents were in the courthouse looking to arrest Flores-Ruiz, prosecutors allege in court documents. According to an affidavit, Dugan became visibly angry at the agents' arrival and called the situation “absurd.” After discussing the warrant for Flores-Ruiz's arrest with the agents, Dugan demanded that they speak with the chief judge and led them away from the courtroom.

She then returned to the courtroom, was heard saying something to the effect of “wait, come with me,” and then showed Flores-Ruiz and his attorney out a back door, the affidavit says. The immigration agents eventually detained Flores-Ruiz outside the building following a foot chase.

Dugan's dismissal motion also accuses the federal government of violating Wisconsin's sovereignty by disrupting a state courtroom and prosecuting a state judge.

“The government's prosecution here reaches directly into a state courthouse, disrupting active proceedings, and interferes with the official duties of an elected judge," the motion states.

The state Supreme Court suspended Dugan from the bench last month, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.

FILE - Judge Hannah Dugan poses for a photo in Milwaukee in 2016. (Lee Matz/Milwaukee Independent via AP, File)

FILE - Judge Hannah Dugan poses for a photo in Milwaukee in 2016. (Lee Matz/Milwaukee Independent via AP, File)

MINNEAPOLIS (AP) — A Minnesota prosecutor on Friday called on members of the public to send any video or other evidence in the fatal shooting of Renee Good directly to local investigators, challenging the Trump administration's decision to leave the investigation solely to the FBI.

Hennepin County Attorney Mary Moriarty said that although her office has collaborated effectively with the FBI in past cases, she is concerned by the Trump administration's decision to bar state and local agencies from playing any role in the investigation into Wednesday's killing of Good by an Immigration and Customs Enforcement officer in Minneapolis.

She also said the officer who shot Good in the head does not have complete legal immunity, as Vice President JD Vance declared.

“We do have jurisdiction to make this decision with what happened in this case,” Moriarty said at a news conference. “It does not matter that it was a federal law enforcement agent.”

Moriarty said her office would post a link for the public to submit footage of the shooting, even though she acknowledged that she wasn't sure what legal outcome submissions might produce.

The prosecutor's announcement came on a third day of Minneapolis protests over Good's killing and a day after federal immigration officers shot and wounded two people in Portland, Oregon.

Good's wife, Becca Good, released a statement to Minnesota Public Radio on Friday saying, “kindness radiated out of her.”

"On Wednesday, January 7th, we stopped to support our neighbors. We had whistles. They had guns," Becca Good said.

“I am now left to raise our son and to continue teaching him, as Renee believed, that there are people building a better world for him,” she wrote. “That the people who did this had fear and anger in their hearts, and we need to show them a better way.”

The reaction to the Good's shooting was immediate in the city where police killed George Floyd in 2020, with hundreds of protesters converging on the shooting scene and the school district canceling classes for the rest of the week as a precaution and offering an online option through Feb. 12.

On Thursday night, hundreds marched in freezing rain down one of Minneapolis’ major thoroughfares, chanting “ICE out now!” and holding signs saying, “Killer ice off our streets." And on Friday, protesters were outside a federal facility that is serving as a hub for the immigration crackdown that began Tuesday in the Twin Cities of Minneapolis and St. Paul. Authorities erected barricades outside the facility, and a small group of counter-demonstrators also showed up.

City workers, meanwhile, removed makeshift barricades made of Christmas trees and other debris that had been blocking the streets near the scene of Good's shooting. Officials said they would leave up a shrine to the 37-year-old mother of three.

The Portland shootings happened outside a hospital Thursday afternoon. Federal immigration officers shot and wounded a man and woman, identified by the Department of Homeland Security as Venezuela nationals Luis David Nico Moncada and Yorlenys Betzabeth Zambrano-Contreras, who were inside a vehicle, and their conditions weren't immediately known. The FBI and the Oregon Department of Justice were investigating.

Portland Mayor Keith Wilson and the city council called on ICE to end all operations in the city until a full investigation is completed. Hundreds protested Thursday night at a local ICE building. Early Friday, Portland police reported that officers had arrested several protesters after asking the to get out of a street to allow traffic to flow.

Just as it did following Good's shooting, DHS defended the actions of the officers in Portland, saying it occurred after a Venezuelan man with alleged gang ties and who was involved in a recent shooting tried to “weaponize” his vehicle to hit the officers. It wasn't immediately clear if the shootings were captured on video, as Good's was.

The Minneapolis shooting happened on the second day of the immigration crackdown in the Twin Cities, which Homeland Security said is the biggest immigration enforcement operation ever. More than 2,000 officers are taking part and Noem said they have made more than 1,500 arrests.

The government is also shifting immigration officers to Minneapolis from sweeps in Louisiana, according to documents obtained by The Associated Press. This represents a pivot, as the Louisiana crackdown that began in December had been expected to last into February.

Good's death — at least the fifth tied to immigration sweeps since Trump took office — has resonated far beyond Minneapolis, with protests happening in Texas, California, Detroit and elsewhere and hundreds of others planned for this weekend, according to Indivisible, a group formed to resist the Trump administration.

“This is hitting people who previously were not engaged,” said co-executive director Ezra Levin, adding that he’s seen a rise in veterans, rural Americans and some Republican voters speaking critically about the shooting.

Homeland Security Secretary Kristi Noem, President Donald Trump and others in his administration have repeatedly characterized the Minneapolis shooting as an act of self-defense and cast Good as a villain, suggesting she used her vehicle as a weapon to attack the officer who shot her.

Several bystanders captured video of Good's killing, which happened in a neighborhood south of downtown. Minneapolis Mayor Jacob Frey said videos show that any self-defense argument is “garbage.”

The recordings show an officer approaching an SUV stopped across the middle of the road, demanding the driver open the door and grabbing the handle. The Honda Pilot begins to pull forward and a different ICE officer standing in front of it pulls his weapon and immediately fires at least two shots at close range, jumping back as the vehicle moves toward him.

It is not clear from the videos if the vehicle makes contact with the officer, and there is no indication of whether the woman had interactions with agents earlier. After the shooting, the SUV speeds into two cars parked on a curb before crashing to a stop.

The federal agent who fatally shot Good is an Iraq War veteran who has served for nearly two decades in the Border Patrol and ICE, according to records obtained by AP.

Noem has not publicly named him, but a Homeland Security spokesperson said her description of his injuries last summer refers to an incident in Bloomington, Minnesota, in which court documents identify him as Jonathan Ross.

Ross got his arm stuck in the window of a vehicle whose driver was fleeing arrest on an immigration violation. Ross was dragged and fired his Taser. A jury found the driver guilty of assaulting a federal officer with a dangerous weapon.

Attempts to reach Ross, 43, at phone numbers and email addresses associated with him were not successful.

Associated Press reporters Steve Karnowski and Mark Vancleave in Minneapolis; Ed White in Detroit; Valerie Gonzalez in Brownsville, Texas; Graham Lee Brewer in Norman, Oklahoma; Michael Biesecker in Washington; Jim Mustian and Safiyah Riddle in New York; Ryan Foley in Iowa City, Iowa; and Hallie Golden in Seattle contributed.

Supporters of United States Immigration and Customs Enforcement rally outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Supporters of United States Immigration and Customs Enforcement rally outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Minneapolis Public Schools families, educators and students hold signs during a news conference at Lake Hiawatha Park in Minneapolis, on Friday, Jan. 9, 2026, demanding Immigration and Customs Enforcement be kept out of schools and Minnesota following the killing of 37-year-old mother Renee Good by federal agents earlier on Wednesday. (Kerem Yücel/Minnesota Public Radio via AP)

Minneapolis Public Schools families, educators and students hold signs during a news conference at Lake Hiawatha Park in Minneapolis, on Friday, Jan. 9, 2026, demanding Immigration and Customs Enforcement be kept out of schools and Minnesota following the killing of 37-year-old mother Renee Good by federal agents earlier on Wednesday. (Kerem Yücel/Minnesota Public Radio via AP)

A supporter of United States Immigration and Customs Enforcement argues with a counter protester outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

A supporter of United States Immigration and Customs Enforcement argues with a counter protester outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters confront law enforcement outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026.(AP Photo/Adam Bettcher)

Protesters confront law enforcement outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026.(AP Photo/Adam Bettcher)

Protesters' shadows are cast on the street near law enforcement outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters' shadows are cast on the street near law enforcement outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters confront law enforcement outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026.(AP Photo/Adam Bettcher)

Protesters confront law enforcement outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026.(AP Photo/Adam Bettcher)

An American flag burns outside the U.S. Immigration and Customs Enforcement facility on Thursday, Jan. 8, 2026, in Portland, Ore. (AP Photo/Jenny Kane)

An American flag burns outside the U.S. Immigration and Customs Enforcement facility on Thursday, Jan. 8, 2026, in Portland, Ore. (AP Photo/Jenny Kane)

Two protesters are lit by a police light as they walk outside the U.S. Immigration and Customs Enforcement facility on Thursday, Jan. 8, 2026, in Portland, Ore. (AP Photo/Jenny Kane)

Two protesters are lit by a police light as they walk outside the U.S. Immigration and Customs Enforcement facility on Thursday, Jan. 8, 2026, in Portland, Ore. (AP Photo/Jenny Kane)

Protesters are arrested by federal agents outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters are arrested by federal agents outside the Bishop Henry Whipple Federal Building in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters sit on a barrier that is being assembled outside the Bishop Henry Whipple Federal Building as protesters gather in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters sit on a barrier that is being assembled outside the Bishop Henry Whipple Federal Building as protesters gather in Minneapolis, Friday, Jan. 9, 2026. (AP Photo/Adam Bettcher)

Protesters stand off against law enforcement outside the U.S. Immigration and Customs Enforcement facility in Portland, Ore., Thursday, Jan. 8, 2026. (AP Photo/Jenny Kane)

Protesters stand off against law enforcement outside the U.S. Immigration and Customs Enforcement facility in Portland, Ore., Thursday, Jan. 8, 2026. (AP Photo/Jenny Kane)

Demonstrators protest outside the White House in Washington, Thursday, Jan. 8, 2026, against the Immigration and Customs Enforcement (ICE) agent who fatally shot Renee Nicole Good in Minneapolis. (AP Photo/Jose Luis Magana)

Demonstrators protest outside the White House in Washington, Thursday, Jan. 8, 2026, against the Immigration and Customs Enforcement (ICE) agent who fatally shot Renee Nicole Good in Minneapolis. (AP Photo/Jose Luis Magana)

Protesters chant and march during a rally for Renee Good, who was fatally shot by an ICE officer the day before, Thursday, Jan. 8, 2026, in Minneapolis. (AP Photo/John Locher)

Protesters chant and march during a rally for Renee Good, who was fatally shot by an ICE officer the day before, Thursday, Jan. 8, 2026, in Minneapolis. (AP Photo/John Locher)

Protesters gather during a rally for Renee Good, Thursday, Jan. 8, 2026, in Minneapolis, after she was fatally shot by an ICE officer the day before. (AP Photo/Adam Bettcher)

Protesters gather during a rally for Renee Good, Thursday, Jan. 8, 2026, in Minneapolis, after she was fatally shot by an ICE officer the day before. (AP Photo/Adam Bettcher)

Protesters confront federal agents outside the Bishop Henry Whipple Federal Building, Thursday, Jan. 8, 2026, in Minneapolis, Minn. (AP Photo/Tom Baker)

Protesters confront federal agents outside the Bishop Henry Whipple Federal Building, Thursday, Jan. 8, 2026, in Minneapolis, Minn. (AP Photo/Tom Baker)

People gather around a makeshift memorial honoring the victim of a fatal shooting involving federal law enforcement agents, near the site of the shooting, Thursday, Jan. 8, 2026, in Minneapolis. (AP Photo/Tom Baker)

People gather around a makeshift memorial honoring the victim of a fatal shooting involving federal law enforcement agents, near the site of the shooting, Thursday, Jan. 8, 2026, in Minneapolis. (AP Photo/Tom Baker)

U.S. Border Patrol Cmdr. Gregory Bovino arrives as protesters gather outside the Bishop Henry Whipple Federal Building, Thursday, Jan. 8, 2026, in Minneapolis, Minn. (AP Photo/Tom Baker)

U.S. Border Patrol Cmdr. Gregory Bovino arrives as protesters gather outside the Bishop Henry Whipple Federal Building, Thursday, Jan. 8, 2026, in Minneapolis, Minn. (AP Photo/Tom Baker)

A protester pours water in their eye after confronting law enforcement outside the Bishop Henry Whipple Federal Building, Thursday, Jan. 8, 2026, in Minneapolis, Minn. (AP Photo/Tom Baker)

A protester pours water in their eye after confronting law enforcement outside the Bishop Henry Whipple Federal Building, Thursday, Jan. 8, 2026, in Minneapolis, Minn. (AP Photo/Tom Baker)

People gather around a makeshift memorial honoring the victim of a fatal shooting involving federal law enforcement agents, near the site of the shooting, Thursday, Jan. 8, 2026, in Minneapolis. (AP Photo/Tom Baker)

People gather around a makeshift memorial honoring the victim of a fatal shooting involving federal law enforcement agents, near the site of the shooting, Thursday, Jan. 8, 2026, in Minneapolis. (AP Photo/Tom Baker)

Recommended Articles