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A U.S. District judge on Tuesday rejected Milwaukee County Judge Hannah Dugan’s request to dismiss allegations that she helped an undocumented immigrant evade federal authorities earlier this year.
Dugan was arrested in April after allegedly helping Eduardo Flores-Ruiz avoid plainclothes Immigration and Customs Enforcement (ICE) agents who were trying to serve him a warrant.
Her attorneys argued she is entitled to judicial immunity for her official acts. They also said the federal government overstepped its authority by arresting and charging her.
The defense team also claimed the charges violate the U.S. Constitution’s 10th Amendment and the principle of separation of powers.

The surveillance footage released by Milwaukee County appears to show Dugan, wearing her black robes, confronting ICE agents in the courthouse hallway, April 18, in Milwaukee. (Milwaukee County)
A federal indictment alleges Dugan “falsely” told the agents they needed a judicial warrant and directed them to go to the chief judge’s office. Dugan then addressed the case off the record instead of holding the scheduled hearing. Flores-Ruiz faces three misdemeanor battery charges, and despite Dugan’s efforts, he was arrested.
Adelman has scheduled a hearing about Dugan’s motion for Sept. 3.
Both federal prosecutors and Dugan’s defense team have said they would like a trial to begin before the end of the year. No trial date has been set.
Fox News’ Patrick McGovern and Rachel Wolf contributed to this report.