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“She is not a former president. She is a county judge. Her authority is limited to adjudicating cases within her jurisdiction—not undermining federal law enforcement operations in her courthouse," said legal analyst, Gavin Tyron.

For judicial immunity to apply, the act must be both judicial in nature and within the judge's jurisdiction. But leading someone out the back door to elude ICE may fall outside that scope.

"This wasn't a ruling from the bench," said David Kaplan, a Wisconsin-based constitutional attorney. "This was an active attempt to help someone escape the law. That’s not judicial. That’s interference."

The prosecution’s legal strategy appears aimed at piercing the immunity shield by proving Dugan’s actions were administrative—not judicial.

In Mireles v. Waco, 502 U.S. 9 (1991), the U.S. Supreme Court acknowledged that judges are not immune from actions that are "nonjudicial" or taken in the complete absence of jurisdiction. If Dugan’s conduct is deemed nonjudicial, her motion to dismiss could be rejected outright.

Further, in United States v. Lanier, 520 U.S. 259 (1997), the Court held that judicial immunity cannot be used to shield a judge from criminal liability when their conduct violates clearly established law.

Dugan’s attorneys also argue that the prosecution amounts to federal overreach into Wisconsin's state judicial processes. The motion criticizes the federal government for “disrupting active proceedings” and interfering with the judiciary's independence.

But federal authorities contend that no one—not even judges—is above the law.

Her arrest has reignited a fiery debate over the Trump administration’s immigration enforcement policies. Critics view the case as political retaliation designed to intimidate state judges. Supporters argue it’s a necessary message: the judiciary must not obstruct immigration laws.

This is not the first time a judge has been accused of similar actions. A Massachusetts judge faced charges in 2018 for allegedly helping an undocumented immigrant escape ICE through a courthouse rear exit. That case, however, was eventually dismissed, raising questions about whether history will repeat itself.

In the meantime, the Wisconsin Supreme Court suspended Judge Dugan pending resolution of the case, citing concerns over public trust and judicial integrity. A reserve judge has since filled her position.

Judge Lynn Adelman, a former Democratic state senator appointed to the federal bench by President Clinton in 1997, will oversee the proceedings. Adelman is expected to rule on the dismissal motion within the coming weeks. Meanwhile, Dugan is expected to enter a not guilty plea at her arraignment on Thursday.