(NEW YORK) — The federal trial is set to start on Monday for a Wisconsin judge accused of concealing an undocumented man to prevent his arrest by immigration authorities.
Milwaukee County Circuit Court Judge Hannah Dugan was charged in a two-count federal indictment that alleges she obstructed official Department of Homeland Security removal proceedings and knowingly concealed the man from immigration authorities at a courthouse in April.
She has pleaded not guilty.
Opening statements are expected to get underway on Monday in the Milwaukee trial, following jury selection last week.
Prosecutors have told the court they expect to have 25 to 28 witnesses.
Dugan could face up to six years in prison if convicted as charged.
According to federal prosecutors, Dugan encountered federal agents who were at the Milwaukee County Circuit Court on April 18 to arrest Eduardo Flores-Ruiz, who was appearing in her courtroom on a battery charge.
Prosecutors say that after speaking to the agents, Dugan directed them to the chief judge’s office down the hall and then sent Flores-Ruiz and his attorney out a non-public door in an alleged attempt, authorities claim, to help him evade arrest on immigration violations.
Dugan’s lawyers have called her arrest “virtually unprecedented” and sought to dismiss the case, arguing she has judicial immunity for official acts and her prosecution is unconstitutional. Judge Lynn Adelman denied the motion, finding there was “no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job.'”
The Wisconsin Supreme Court suspended Dugan in the wake of her arrest, stating in an order it was “in the public interest that she be temporarily relieved of her official duties.”
Flores-Ruiz, a native of Mexico, was later arrested and charged with unlawful reentry into the U.S.
He was sentenced to time served earlier this month after pleading guilty to the charge, federal court records show. DHS said last month he had been deported.
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