Judge Hannah Dugan trial: Federal immigration policy in courthouses

MILWAUKEE - Judge Lynn Adelman will preside over Judge Hannah Dugan's federal trial, which starts Monday, Dec. 15.

But first, jury selection has to get underway. That starts this week.

Judge Hannah Dugan arrested

The backstory:

The U.S. Department of Justice accused Dugan of aiding an undocumented man in evading ICE agents back in April 2025.

The DOJ says Dugan steered agents to the chief judge's office, while she escorted the defendant out a private door.

Eventually, ICE agents caught Eduardo Flores-Ruiz in a foot chase outside the courthouse. Dugan's arrest came shortly after.

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Original policy

What we know:

Courthouses used to be considered off limits for ICE, so when and why did that change?

For years, courthouses were considered a protected space where immigration arrests could only happen in rare circumstances.

That changed in January with a new policy drafted just hours after the second inauguration of President Trump.

Long before President Trump took the oath of office, President Barack Obama issued a memo to ICE agents discouraging immigration arrests at "sensitive locations" likes schools, hospitals, churches and funerals.

"These are places that we want people to feel free to make use of without fear of immigration enforcement," said Jacob Hamburger from Marquette University Law Professor Jacob Hamburger.

Policy changes

What we know:

But the policy said nothing about courthouses until the first Trump presidency, when U.S. immigration officials issued a directive to make arrests at courthouses when "operationally necessary."

That puts the White House at odds with some local governments.

"I think that's stretching and straining that relationship," added Hamburger.

In 2021, the Biden Administration said courthouse arrests should only happen in limited circumstances, such as:

• A national security threat
• Imminent risk of death or violence
• Hot pursuit of a public safety threat
• Risk of evidence being destroyed

But once again, President Trump changed that in January, expanding the reasons for courthouse ICE arrests to include:

• Gang members
• Criminal convicts
• 'Aliens' ordered to depart the country.
• 'Aliens' who've returned illegally after deportation

In other words, immigration enforcement became a top priority.

"I think that's very short-term thinking," said Michael Pointer Mace with Voces de la Frontera.

He says courthouse ICE arrests have a chilling effect on public trust.

"Victims don't feel they can reach out to our public servants and get the help they need," Mace added.

Even under the current administration, ICE arrests at the courthouse in Wisconsin remain relatively rare.

But they're no longer off limits to federal immigration enforcement.

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"No pun intended, but that trumps everything," added Hamburger.

Waiting for a formal policy

What's next:

While the federal guidance may be clear, one thing that is not clear is the Milwaukee County Courthouse policy on cooperating with ICE agents.

After Judge Dugan's arrest in April 2025, Chief Judge Carl Ashley promised to issue a formal policy "soon."

He has yet to do so, and he did not respond to FOX6's request for a status update today.

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