A Judge of Her Own Jurisprudence: Hannah Dugan’s Unforced Error

Disclaimer: I oppose sanctuary cities and sacntuary policies. They incentivize illegal immigration by deliberately ignoring immigration law, creating a moral hazard where people are encouraged to enter illegally and settle under false promises of protection, only to eventually live in fear when inevitable enforcement occurs. A republic should never promise the impossible, and still less should it traffic in false hope to advance local political agendas. That said this article is not painted with that bias and is objectively about the laws violated.

Now, onto the show:

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The facts are rather simple, which is a shame, because simple facts rarely deter complex foolishness.

Judge Hannah Dugan of Milwaukee County was arrested this week, not for some run-of-the-mill act of judicial activism committed from the bench (which would have been par for the course), but for the far more colorful charge of allegedly obstructing federal law enforcement and shielding an illegal immigrant from arrest.

First, What Happened?

On April 18th, ICE agents were present at the Milwaukee County Courthouse to arrest one Eduardo Flores-Ruiz, who was appearing in court for misdemeanor battery charges because he had allegedly battered his roommate and his roommates girlfriend over loud music.

ICE had with them an administrative immigration warrant — a civil warrant, not a criminal one — which is sufficient to arrest someone in public spaces but does not authorize ICE to breach private areas without consent.
In short: ICE standing in the courthouse hallway = legal.
ICE barging into your pantry uninvited = not legal.

Judge Dugan, upon discovering ICE’s presence, decided to exercise a novel judicial power:
”The Right to Aid and Abet.”

She allegedly instructed Flores-Ruiz and his attorney to slip out through a private, non-public exit either through her chambers or jury exist, evading ICE agents stationed in the public areas. Flores-Ruiz, after briefly playing Milwaukee’s version of "America’s Most Wanted" on foot, was eventually captured. Judge Dugan, however, was captured in a far more permanent sense — by federal charges.

Second, What Law Did She Allegedly Violate?

The federal government charged Dugan under two statutes:

• 18 U.S.C. § 1505 — Obstruction of a federal proceeding.

• 8 U.S.C. § 1324 — Concealing or shielding an illegal alien to prevent arrest.

Both require knowledge and intent. Both are decidedly serious charges — despite what your Aunt’s Facebook legal team may suggest.

To violate § 1505, one must act "corruptly", meaning intentionally and with improper purpose to obstruct.
To violate § 1324, one must knowingly shield someone from detection.

Helping someone sneak out the back door to avoid ICE while ICE is standing at the front door qualifies, with almost laughable ease, under both statutes.

Third, Was the ICE Operation Legal?

Why yes, astonishingly, it was.

The agents were in public spaces, executing a civil arrest warrant for a violent offender. Quite literally the type of immigration enforcment the administration has stated they would be enforcing. This contrary to cases which I’ve criticized in the past as the administration blundering in it’s own unforced errors, this is a case where the Judge herself committed an unforced error.
They weren't storming into the judge’s chambers with battering rams.
They were politely waiting for Mr. Flores-Ruiz to conclude his day in court, so he could begin his night in detention.

Fourth, Could Judge Dugan Have Acted Legally?

Ironically, yes.
All she had to do was — brace yourself — nothing.

Or, if she insisted upon the grandeur of action:

• She could have insisted ICE wait until court proceedings concluded.
  (Perfectly legal — courts have an interest in the integrity of their proceedings.)

• She could have allowed Flores-Ruiz to exit through a public door like every other person.
  (At which point ICE could have arrested him without interference.)

What she could not do — legally or ethically — was facilitate his evasion.

The law allows dignity to proceedings, not conspiracies in the broom closet.

Fifth, On "No One Is Above the Law" and Other Slogans

It is adorable that certain elected officials are clutching their pearls that once publically—and I’ll add rightfully—declared, "No one is above the law!" suddenly claim it’s somehow not the case when it comes to a Judge. I wonder whether they believe that particular exception applies to all Judges or only selectively to Judges that happen to share their political leanings.

Judge Dugan is alleged to have committed a textbook obstruction — not because she took a political position, but because she took active steps to thwart federal law enforcement in a public operation under lawful authority. You might agree with her, you might believe that immigration enforcement is an injustice, however she still violated Fedeal law, that’s not an opinion it’s an objective fact.

Being "above the law" is precisely what her actions imply — and federal charges are the appropriate (and amusingly ironic) response.

Sixth, The Broader Context

This is not merely a tempest in a teapot.
The federal government is cracking down on illegal immigrants with violent criminal records, particularly those accused or convicted of assault, battery, or domestic violence.

Flores-Ruiz wasn’t being chased over a parking ticket.
He was in court facing charges of physical violence.

Had Dugan succeeded fully, she would have prevented the arrest of a violent offender — not because of some miscarriage of justice, but because she personally disagreed with the policies of federal immigration law.

One cannot simply dissent oneself into criminal immunity.

Seventh, Her Chances in Court