A federal court has ruled that Colorado Judge Hannah Dugan cannot escape criminal prosecution by claiming judicial immunity to help an illegal alien escape arrest.
The activist judge was arrested for allegedly obstructing federal immigration enforcement during an April incident involving an illegal alien wanted by federal authorities.
In a decisive opinion handed down this week, the court rejected Dugan’s motion to dismiss the indictment, stating that her arguments based on constitutional avoidance and the Tenth Amendment were “misplaced.”
“It is well-established and undisputed that judges have absolute immunity from civil lawsuits for monetary damages when engaging in judicial acts,” the ruling explained.
“This, however, is not a civil case.
“And review of the case law does not show an extension of this established doctrine to the criminal context.”
Dugan claims that she is immune from federal criminal prosecution because she was acting within her judicial role.
The court added that Dugan’s core claim does not hold water under the law.
“Does judicial immunity shield Dugan from prosecution because the indictment alleges she violated federal criminal law while performing judicial duties?” the ruling stated plainly.
“The answer is no. … There is no firmly established absolute judicial immunity barring criminal prosecution of judges for judicial acts.”
Judge Dugan, who has since been relieved of her duties, came under federal scrutiny after an incident on April 18, 2025, where she allegedly confronted ICE agents inside a Colorado courthouse.
She falsely told them they lacked the authority to arrest an illegal alien without a judicial warrant, and then ordered them to leave.
A video from the scene, cited by The Gateway Pundit, shows Dugan angrily confronting ICE agents, ultimately sending two federal officers packing as they waited to detain the individual.
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According to the federal indictment, Dugan is charged with knowingly concealing a person for whom a federal arrest warrant had been issued, in violation of 18 U.S.C. § 1071, and with obstruction of removal proceedings, a violation of 18 U.S.C. § 1505.
The government’s case outlines the timeline of events:
“On or about April 18, 2025, Dugan did corruptly endeavor to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before a department and agency of the United States… by committing affirmative acts to assist E.F.R. to evade arrest, including:
“a) confronting members of a United States Immigration and Customs Enforcement (ICE) Task Force and falsely telling them they needed a judicial warrant to effectuate the arrest of E.F.R.;
“b) upon learning that they had an administrative warrant for E.F.R.’s arrest, directing all identified members of the ICE Task Force to leave…”
Dugan was later arrested by the FBI.
She now faces a trial that could result in up to six years in prison and $350,000 in fines if convicted on both counts.
In her defense, Dugan claimed her actions were protected as part of her official judicial duties and even cited the Supreme Court’s recent decision involving President Donald Trump, which clarified differing levels of immunity for executive actions.
But the court dismissed the comparison outright:
“While Dugan asserts that Trump simply extended to the president the same immunity from prosecution that judges already have, this argument makes a leap too far.
“Trump says nothing about criminal immunity for judicial acts.”
Dugan’s legal strategy, built on claims of absolute immunity and constitutional protections, appears increasingly shaky as the case moves forward.
While left-wing judicial activists rally to her defense, the court’s ruling sends a clear message: judges are not above the law, and interfering with federal immigration enforcement is not part of any judge’s legitimate duties.
Dugan’s trial date has not yet been set.
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