A Milwaukee judge who was arrested for allegedly shielding an undocumented immigrant from ICE arrest has argued that she can’t be prosecuted based on the same case that granted President Donald Trump broad immunity for “official” acts.

The FBI arrested Hannah Dugan last month after she allegedly told agents with Immigration and Customs Enforcement that they needed a warrant to arrest an undocumented immigrant who had appeared in her courtroom on a misdemeanor charge.

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The motion argued that the problems with the prosecution were “legion,” including the fact that they allegedly violated the U.S. Constitution’s fundamental principle of federalism. But “most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts,” it said.

As evidence, the motion cited the 2024 Supreme Court case Trump v. United States in which the court ruled the president had absolute immunity for “official acts.”