No one is above the law, not even Milwaukee Judge Hannah Dugan

Miami Herald

29-04-2025

A Milwaukee circuit judge, Hannah Dugan, was arrested last week for allegedly helping Eduardo Flores-Ruiz, a Mexican national in her courtroom, evade federal immigration agents who were waiting to arrest him. Flores-Ruiz had been previously deported from the United States in 2013 under an order of expedited removal.
A judge's responsibility is to uphold the rule of law. Although protests erupted outside FBI's Milwaukee division and congressional Democrats cried foul over the judge's arrest, Dugan's actions were those of a judge gone rogue.
After her arrest, liberal analysts said that Dugan should be hailed as a hero for her actions to protect Flores-Ruiz, who was in court for a hearing on battery charges.
'It strikes me as maybe something illegal, but it also strikes me as something heroic. And in times of trouble, then people are sometimes called to do civil disobedience. And in my view, when people do civil disobedience, they have to pay the price. That's part of the heroism of it, frankly,' New York Times columnist David Brooks said on 'PBS Newshour.'
But calling her a hero for actions that may break the law is hypocritical. (When Dugan helped Flores-Ruiz avoid arrest on grounds he illegally re-entered the country, she likely committed a crime herself by obstructing justice. ) Aren't the same people labeling her a hero the ones who've been upset over the lack of due process for people being deported? Either we follow the law or we don't.
A judge's responsibility is to interpret the law and rule impartially. A functioning legal system depends on it. Judges swear an oath to the Constitution and laws of the United States. That oath requires leaving personal politics and feelings at the door.
When judges break that oath to make an exception based on personal feelings, regardless of how noble they believe their intentions to be, it erodes the foundation of the judiciary.
It also undermines the credibility of the courts. That affects everyone, especially those who depend on a fair legal system. Vulnerable populations — including lawful asylum seekers and those facing real persecution — are among those who will suffer the most if courtrooms become venues for political theater rather than bastions of justice.
Hailing Dugan as a hero is dangerous. If judges are allowed to pick and choose their enforcement of laws based on personal convictions — no matter how deeply felt — the rule of law disintegrates.
An ends-justify-the-means mentality is toxic to the judicial system and creates a slippery slope, since many groups may believe their causes are important enough to justify breaking the law.
There's a lot to criticize about the way immigration law is being carried out in this country today. But in a democracy, using judicial defiance in an attempt to course correct and as a form of activism is inappropriate and unethical.
When Dugan allegedly assisted Flores-Ruiz in evading arrest, she did not act in defense of justice; she acted in defiance of it.
Critics of Dugan's arrest have said that a dangerous precedent is being set by arresting judges. I agree — arresting judges should be an absolute last resort. But in this case, she is rightfully being singled out as an example of what it looks like when a judge crosses the line and violates the law.
If we are to have an honest conversation about immigration, due process and judicial integrity, we must acknowledge uncomfortable truths. Judges cannot subvert the law under the guise of compassion.
Acting outside of the law is not heroic, it's dangerous. In America, the rule of law depends on justice being blind and no one, not even a judge, is above it.
Mary Anna Mancuso is a member of the Miami Herald Editorial Board. Her email: [e-mail]