WASHINGTON, D.C. — President Donald Trump’s administration did not go too far in arresting a current and former judge for allegedly shielding illegal immigrants from federal agents, say members of Wyoming’s congressional delegation.
“Nobody is above the law, including judges,” U.S. Senate Republican Whip John Barrasso told Cowboy State Daily on Monday. "It's outrageous that these radical judges knowingly obstructed law enforcement from arresting and detaining criminals.”
U.S. Rep. Harriet Hageman said she does not worry about a chilling effect on judges stemming from the arrests.
“No, I really don’t,” the Republican House member told Cowboy State Daily on Monday. “We all talk about separation of powers, and that’s very important.
“But, as I should not usurp the executive branch, and the executive branch should not usurp the legislative branch, the judicial branch shouldn’t usurp any one of those either.”
Wyoming’s other federal lawmaker, Republican U.S. Sen. Cynthia Lummis, was not available for comment Monday as aides said she was traveling and could not be reached. Monday marked the first day Congress reconvened after a two-week recess.
Dugan, Cano Cases
In Wisconsin on Thursday, FBI agents arrested Milwaukee County Circuit Judge Hannah Dugan for allegedly letting an illegal immigrant defendant slip out a side door to avoid being arrested by federal authorities. The defendant was caught moments later in a foot pursuit.
Hageman, appearing on the TV program “Washington Watch” the day after the arrest, called the judge’s alleged behavior “shocking.”
“It is a shocking development that you now have judges on the bench who are attempting to shield the illegal alients from being processed and being arrested by ICE,” she said on the program. “So it’s not just a matter of turning a blind eye or saying we’re a sanctuary city.”
The day after that arrest, federal authorities in New Mexico arrested former judge Jose Cano and his wife Nancy Cano for allegedly harboring members of the Venezuela-based Tren de Aragua gang.
The couple is accused of letting armed gang members live on their property and destroying evidence against them.
Jose Cano resigned last month from his position as a magistrate judge in Doña Ana County amid a state-level investigation into the matter.
The arrests marked the latest escalation in the battle over Trump’s immigration crackdown, which previously centered on deportations.
“Federal law enforcement are arresting people with little due process, even going as far as arresting a judge in Wisconsin,” U.S. Senate Democratic Leader Charles Schumer, D-New York, said on the floor Monday. “Arrest a judge to try to threaten and scare judges? Freedom of expression, the rule of law is under attack.”
Nationwide Injunctions
Dozens of lawsuits have been filed against the Trump administration in connection with the crackdown on illegal immigration. While the administration fights back in court, Republicans in Congress are continuing their push for legislation to limit judges’ power.
Shortly before the two-week recess, the House passed a bill that would prevent the country’s 677 federal district court judges from issuing injunctions that have nationwide effect. The bill, called the No Rogue Rulings Act, would limit injunctions only to the parties before the court.
Hageman voted for the bill, which passed the House on a strictly party-line vote. A similar bill in the Senate has yet to be voted on, but that measure — known as the Judicial Relief Clarification Act — is expected to be passed as well, clearing the way for Trump to sign into law the final version of the legislation.
Nationwide injunctions against Trump’s executive orders, including his use of the Alien Enemies Act of 1798 to deport illegal immigrants, spawned the flurry of legislative activity.
One case dealt specifically with the deportation of alleged Tren de Aragua members to an El Salvador prison, though a DOJ lawyer later said one of the suspects was mistakenly deported.
Another key front in the battle over nationwide injunctions centers on birthright citizenship.
A Trump executive order declares that children born in the United States are not entitled to automatic citizenship if their parents are in the country illegally. A nationwide injunction has put that policy on hold, and the Supreme Court is due to hear arguments on the matter next month.
Sean Barry can be reached at sean@cowboystatedaily.com.
