Federal authorities arrest two judges, in escalation of Trump immigration crackdown

Federal authorities have arrested a Wisconsin judge and a former New Mexico judge in two separate cases, accusing them of interfering with Trump administration immigration enforcement efforts.

Milwaukee Circuit Court Judge Hannah Dugan was arrested Friday morning and charged with obstruction. She is accused of helping an undocumented immigrant evade arrest by U.S. Immigration and Customs Enforcement officers after he appeared in her courtroom April 18.

Dugan's arrest came one day after federal authorities arrested a former New Mexico judge, Joel Cano, and his wife on charges related to the Canos' reported harboring of an undocumented immigrant with alleged ties to the notorious gang Tren de Aragua.

The actions against judges mark a sharp escalation in the Trump administration's aggressive efforts to remove undocumented immigrants from the U.S.

"Nobody should be surprised by the arrest of two judges," Tom Homan, President Donald Trump's border czar, said in a statement Friday.

"If you actively impede our enforcement efforts or if you knowingly harbor or conceal illegal aliens from ICE you will be prosecuted," Homan wrote on X.

Dugan's arrest drew swift condemnation from Trump's critics.

"Americans are watching with outrage the stunning news that Trump's FBI has arrested a sitting judge in Milwaukee for alleged obstruction of an immigration arrest," Rep. Jamie Raskin, D-Md., said in a statement.

"This is a drastic escalation and dangerous new front in Trump's authoritarian campaign of trying to bully, intimidate, and impeach judges who won't follow his dictates," said Raskin, the ranking member of the House Judiciary Committee. "We must do whatever we can to defend the independent judiciary in America."

Cano, a former Doña Ana County magistrate judge, and his wife, Nancy Cano, both face charges of tampering with evidence, jail records show.

Cano, who had served on the bench since 2011, submitted his resignation letter March 3, days after Homeland Security raided his home, court documents obtained by NBC News show.

Federal agents had received a tip in January that Cristhian Ortega, an undocumented immigrant from Venezuela whom authorities suspect of being a Tren de Aragua member, and others were staying on the Canos' property.

Ortega is charged in a separate federal case in New Mexico with possessing a firearm as an illegal alien.

A sworn affidavit in Cano's criminal case said Homeland Security agents conducted another raid at the former judge's home Thursday, in search of a cell phone they believed was Ortega's.

According to the affidavit, in an interview with agents Cano said "that he destroyed the cellphone that belonged to Ortega by smashing it with a hammer and discarded the remaining pieces in the city trash dumpster approximately five weeks ago."

Cano has denied any knowledge that the three people were affiliated with the gang.

"The very first time I had ever heard that the boys could possible have any association with Tren de Aragua was when I was informed of that by agents ... on the day of the raid," Cano wrote in a March letter to the state Supreme Court responding to allegations against him.

A U.S. Marshals Service spokeswoman confirmed to CNBC that Dugan was arrested at about 8:30 a.m. local time on courthouse property.

Dugan was released on bond after making her initial appearance Friday morning in U.S. District Court in Milwaukee before Magistrate Judge Stephen Dries, according to her case docket. Dugan's "arraignment and plea" proceeding is set for May 15, the docket shows.

Milwaukee County Circuit Court Chief Judge Carl Ashley told NBC that the judicial code of conduct restricts him from commenting on the matter, but said Dugan's court calendar "will be covered by another judge as needed."

FBI Director Kash Patel announced on X that the FBI believes Dugan "intentionally misdirected federal agents away" from Eduardo Flores-Ruiz as agents were attempting to arrest him at the courthouse.

"Thankfully our agents chased down the perp on foot and he's been in custody since, but the Judge's obstruction created increased danger to the public," Patel said in the post.

The Milwaukee Journal Sentinel reported Tuesday that the FBI was looking into Dugan's conduct surrounding an attempted arrest by ICE agents in the courthouse on April 18.

On that day, Dugan "became visibly angry" after learning that ICE agents were waiting in the hallway to arrest Flores-Ruiz after a hearing in his criminal battery case, according to an FBI special agent's sworn affidavit unsealed Friday.

Dugan and another judge entered the hallway and confronted the arrest team, telling one deportation officer that he needed a judicial warrant to make an arrest instead of an "administrative warrant," the affidavit said. Dugan then ordered them to go to the chief judge's office, it said.

After returning to her courtroom, Dugan "escorted Flores-Ruiz and his counsel" through a jury door, which leads to a nonpublic area of the building, the affidavit said, citing "multiple witnesses."

Flores-Ruiz and his attorney then returned to the hallway and took an elevator down to leave the building, the affidavit said. After being told that Flores-Ruiz was in front of the courthouse, agents ran toward him and identified themselves as law enforcement officers, it said.

"Flores-Ruiz turned around and sprinted down the street. A foot chase ensued," according to the affidavit.

"The agents pursued Flores-Ruiz for the entire length of the courthouse and ultimately apprehended him near the intersection of W. State Street and 10th Street. Flores-Ruiz was handcuffed and detained," it said.

Dugan's criminal complaint shows she has been charged with concealing an individual to prevent his discovery and arrest, and obstructing or impeding a proceeding before a federal department or agency.

ICE agents have arrested people in the courthouse hallways in March and April, according to the Journal Sentinel.

ICE did not immediately respond to CNBC's request for comment. A person who answered a call to Dugan's chambers declined to comment.

White House spokesman Kush Desai said in a statement to NBC, "The days of actively aiding and abetting illegal aliens invading our country are over."

"The Trump administration will never waver on putting Americans and America First with a no-nonsense approach to immigration enforcement. In this administration, anyone who commits crimes exposes themselves to criminal liability," Desai said.