Last month, Wisconsin state judge Hannah C. Dugan, facing accusations of obstructing federal immigration agents, filed a motion to dismiss the charges. Her defense rested on the claim that she was protected by "judicial immunity for her official acts."
The Justice Department responded to Judge Dugan's motion on Monday with a strong rebuttal. The department asserted its broad authority to conduct immigration arrests, including within state courthouses.
The Justice Department's filing criticized Judge Dugan's legal argument, stating that it disregarded established legal precedent allowing for the prosecution of judges for criminal acts. The filing also warned that accepting Dugan's expansive definition of "judicial acts" would grant state court judges excessive leeway to interfere with federal law enforcement activities.
Judge Dugan was indicted last month on charges of concealing a person from arrest and obstructing legal proceedings. Prosecutors allege that in April, the judge directed an undocumented immigrant, who was appearing in her courtroom for a domestic abuse case, to a different exit to avoid immigration officers waiting to arrest him.
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