Moore, Pocan, Jayapal, McCollum, and Omar Raise Concerns Over Judicial Independence Following Arrest of Judge Dugan

In a letter to FBI Director Kash Patel and Acting ICE Director Todd Lyons, Representatives Gwen Moore (WI-04), Mark Pocan (WI-02), Betty McCollum (MN-04), Pramila Jayapal (WA-07) and Ilhan Omar (MN-05) expressed concern over the escalation of federal interreference in state judicial proceedings. The Members highlighted the arrest of Judge Dugan in Milwaukee and troublesome conduct at the Wake County Justice Center as examples of intimidation efforts that jeopardize judicial independence.

The Members wrote: “We write to express profound concern over recent actions by U.S. Immigration and Customs Enforcement (ICE) that threaten the independence of courthouses, undermine constitutional rights, and jeopardize public safety across the nation. These actions also appear to contradict your Administration’s own guidelines, including ICE’s 2025 guidance, which instructs agents to avoid “unnecessarily alarming the public or disrupting court operations” and to conduct enforcement “discreetly.”

The Members continued: “The recent arrest of Milwaukee County Judge Hannah Dugan by FBI agents—reportedly for “obstructing immigration enforcement”—marks a dangerous escalation in federal interference with state judiciary functions. This action sends a chilling message to state judges nationwide – that their primary responsibilities and sworn oaths are secondary to federal immigration enforcement – comply or face retaliation. Such tactics erode public trust in the judiciary’s independence and threaten the separation of powers enshrined in our Constitution.

ICE agents also engaged in disruptive conduct at the Wake County Justice Center, where a plainclothes agent confronted attorneys discussing an immigration case and ordered them to relocate their conversation. Again, this incident directly contravenes ICE’s 2025 guidance, which instructs agents to avoid “unnecessarily alarming the public or disrupting court operations” and to conduct enforcement “discreetly.”4 The guidance further emphasizes that enforcement in courthouses—particularly in areas dedicated to non-criminal proceedings— should occur only when “operationally necessary.”5 There is no justification for such antagonistic behavior in a space central to the administration of justice.”

The Members pressed for answers and action, writing: “To preserve the integrity of courthouses and ensure equal access to justice, we urge DHS and ICE to:

1. Adhere to Existing Guidance: Strictly enforce ICE’s policy limiting courthouse enforcement to exceptional circumstances and prohibiting disruptive actions. We also urge ICE to take steps to reinstate protections against arbitrary, aggressive, and unnecessary actions at other locations such as healthcare facilities and domestic violence shelters.

2. Respect Judicial Independence: Cease efforts to intimidate or retaliate against state judges and local officials who uphold constitutional rights.

3. Implement Courthouse Protections: Adopt policies requiring ICE agents to (a) identify themselves to court security upon entry, (b) avoid non-public court areas, and (c) refrain from disrupting court operations.

4. Provide more information and a timeline for the incident at the Milwaukee courthouse involving a sitting judge and outline steps, like reinstating guidance that outlined the “limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse,” that you are taking to ensure that a similar incident does not occur again in our nation.

The role of federal agencies is to enhance public safety, not to instill fear in those seeking justice or to undermine the autonomy of state courts. We request a written response within 30 days outlining steps DHS and ICE will take to address these concerns.”

Read the full text of the letter here.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.