In a blow to Milwaukee Judge Hannah Dugan’s effort to get her case dismissed, a federal magistrate has just said she is not entitled to judicial immunity for obstructing ICE agents. Magistrate Judge Nancy Joseph is recommending that Dugan’s case proceed to trial and that her motion to dismiss be denied. Take a look: Judge Dugan Update: Magistrate Judge recommends that case proceeds to trial, Dugan does not have immunity, and her motion to dismiss should be denied. The recommendation will now be considered by the trial judge. /1 pic.twitter.com/wF63dFWOVR — Dan Lennington (@DanLennington) July 8, 2025 Judge Joseph wrote that judicial immunity does not apply to criminal charges, like the ones Judge Dugan is facing for attempting to conceal an illegal immigrant in her courtroom from immigration authorities. Here’s a breakdown of the magistrate judge’s recommendation: Magistrate Judge recommends denying dismissal U.S. Magistrate Nancy Joseph ruled that judicial immunity, which applies in civil cases, does not extend to criminal charges Judge Dugan faces two charges: concealing an individual to prevent arrest (misdemeanor) and obstruction of proceedings (felony), potentially up to six years in prison and $350,000 in fines Factual disputes about whether she was performing judicial duties or violating federal law must be decided by a jury Judicial immunity does not block criminal prosecution The magistrate emphasized that immunity shields judges from civil suits, not criminal charges, in cases where laws may have been broken Prosecutors argued that claiming immunity for criminal interference would place judges “above the law” They also maintain her actions—directing a defendant through a private exit to evade ICE—went beyond official judicial duties Now, keep in mind that this is a non-binding recommendation. Ultimately, the choice to dismiss or proceed with the case against Dugan is up to U.S. District Judge Lynn Adelman — a liberal Clinton appointee. At this time, no trial date has been set. Per AP News: U.S. Magistrate Judge Nancy Joseph on Monday recommended against dropping the charges. The ultimate decision is up to U.S. District Judge Lynn Adelman, who can accept the other judge’s recommendation or reject it. “We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” Dugan attorney Steven Biskupic, a former federal prosecutor, said in a statement. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.”