courtroom

SACRAMENTO — Lawyer Kamalpreet Chohan ran her finger down a list of 57 names of people scheduled to appear during a morning of hearings at the immigration court in Sacramento and pointed out one glaring commonality.

“None of these folks are represented,” she said.

Chohan is the coordinator of a program that sends volunteer lawyers to immigration courts to assist people without representation and help them navigate the complicated legal system, where the stakes are a future in the U.S. or deportation.

Appearing without a lawyer opens up even greater risk under the second Trump administration, with the courts playing a key role in its mass deportation agenda. Courts are increasingly denying asylum, deportation officers have arrested immigrants in court hallways and the administration has packed courtrooms to cut backlogs and reduced lead time on hearings, causing people to miss them.

Data show that legal representation can be crucial to winning in court, but many immigrants, unable to pay for a private lawyer or find a pro bono one, navigate the system without an attorney at their side.

“Folks go into immigration court not knowing what’s happening. They come out not knowing what’s happening. And when there’s an attorney present,” Chohan said, “it’s just so helpful.”

No guaranteed legal representation

Unlike criminal court, there is no guaranteed lawyer in immigration courts.

Immigrants have to hire one at a cost of thousands of dollars or hope to get represented by one of the nonprofit organizations assisting low-income immigrants. But waitlists with those organizations are long, and many parts of the country just do not have that many immigration attorneys.

Of the roughly 3.2 million pending deportation cases currently in U.S. immigration courts, people in 52% of those cases do not have a lawyer, according to an analysis of immigration court data by the Vera Institute of Justice, a think tank.

A Congressional Research Service study from 2024 found that only 19% of people who did not have a lawyer won asylum or another avenue to stay in the United States. Among those who did have a lawyer, 47% were successful.

“Having an attorney is just super critical to be able to navigate the system successfully,” said Adriel Orozco of the advocacy group American Immigration Council.

Chohan said she frequently runs into people who have been scammed by lawyers or people posing as lawyers who take their money but do nothing for their case.

“I will give him a list of attorneys who are free and we have vetted,” she said, referring to one man who said he had been scammed. “They have long waitlists, but he should still ask.”

Speaking later to the Associated Press, the man described how he left Guatemala after being threatened by gangs and came to the U.S. in 2024 seeking asylum. Ever since, he said, he has done everything that has been asked of him while he tries to make ends meet, occasionally painting houses. He spent $4,500 on a lawyer who in the end did nothing to help him, he said.

“He turned out to be a scammer,” said the man, who did not want to be identified for fear of endangering his case. He is worried about what comes next in court after being warned by the judge that he could be deported. “I don’t know what I’m going to do,” he said.

A busy day in court

Outside the Sacramento building where the court is housed is a long line of immigrants waiting for appointments with U.S. Immigration and Customs Enforcement, which is in the same building. Volunteers with a local anti-ICE resistance group stand ready to help.

Upstairs, two immigration judges are on the bench. One hears the in-depth individual cases of immigrants who are pursuing their claim of asylum.

The other judge has the master calendar docket, where dozens of immigrants will appear in brief hearings geared at making sure their case is ready to go to the next step.

Signs taped to the wall remind people not to make audio or video recordings inside the court complex. A security guard makes sure no one loiters in the hallways. Most people clutch stacks of papers documenting their cases.

After immigrants file into the courtroom for their hearings, Judge Susan Phan introduces Chohan and describes the services her organization offers.

“You are not required to meet with her, but it is a rare opportunity that we have someone volunteering their time,” Phan said before launching into the day’s work.

Details matter

Chohan, who works with the California Immigration Project, starts each hearing in the courtroom. She has a clipboard to take notes, extra copies of forms and a crate of books for restless children attending court with their parents. She spends the bulk of her time in the waiting room, talking to clients after their hearings and scanning their documents to flesh out what else they need.

Speaking to one young man from Mexico, she asks to see his asylum application, noting that the judge had pointed out that it was lacking in detail.

“Sometimes judges can deny a claim if there isn’t enough detail,” she said through one of the organization’s volunteer interpreters.

The organization frequently holds clinics to help immigrants fill out their asylum application. Chohan said she will alert him to the next one.

Another woman holding a stack of documents is there with her son and wanted to make sure her children could come with her if she is deported. Chohan also briefed her on what to expect at her upcoming asylum hearing and said the organization would send her an asylum filing guide.

Chohan highlighted places on forms where people need to give answers or answer in more detail. It’s OK to write “none, ” but she advises them to not leave boxes blank.

Everything submitted in Spanish must be accompanied by a translation into English that must be done by a person, not an automatic online translator. Copies of every page of a passport must be submitted. Documents must be sent in two weeks before the applicant’s hearing so the judge can review them.

Over and over, Chohan reminds immigrants to download their receipt showing they paid the $102 asylum application fee so they can submit it to the court.

Chohan said a lot of these procedures and forms are discussed in court, but it is happening fast and immigrants are listening through an interpreter, so they don’t always understand.

“A lot of times when they go into court, they’re just happy that they’re out of court and they’re not being arrested,” she said.

A changing court system

Chohan has witnessed the upheaval in the immigration courts during President Trump’s second term.

She was in the court hallways last summer when ICE officers waited to arrest immigrants after their hearings. Earlier this summer she watched as the administration started holding “mega masters,” hearings with dozens of respondents at a time that are meant to clear a backlog but have created chaos.

Chohan said there are not enough pro bono lawyers in the Sacramento area to help everyone who needs one, so the “attorney of the day” program is often the next best thing. She believes everyone should have access to a lawyer.

Until that day, she said, the program “helps bridge that gap.”

Santana writes for the Associated Press.

MILWAUKEE — Former Wisconsin Judge Hannah Dugan was spared from prison Wednesday for ushering a Mexican defendant out of her courtroom to evade U.S. Immigration and Customs Enforcement agents. A federal judge fined her $5,000 and cited her otherwise law-abiding life in issuing the sentence.

“I think this is a situation where an otherwise good person, upset by immigration policies in this country, made a bad decision in the moment,” U.S. District Judge Lynn Adelman said.

Dugan, 67, was convicted of felony obstruction in December. Her lawyers argued during her trial that President Trump’s administration sought to “crush” Dugan in an effort to ensure judicial compliance with the ICE strategy of targeting immigrants as they showed up for court hearings.

Dugan resigned the Milwaukee County circuit judgeship she had held for nine years in January amid threats of impeachment from Republican state lawmakers who labeled her an activist judge. In her resignation letter, she said her prosecution threatened “the independence of our judiciary.” Republican U.S. Rep. Tom Tiffany, a fierce Trump loyalist running for Wisconsin governor, urged authorities to “lock her up” in a social media post following her conviction.

Two Marquette University law professors spoke on her behalf, including a former state Supreme Court justice and a Jesuit priest who read a statement describing Dugan as a defender of oppressed people and saying he didn’t believe there was a need for punishment. “Hannah models what it means to be a Christian,” Gregory O’Meara said.

Dugan says she was just trying to do her job

Dugan then rose to address the court, saying she’s tried to do her best as a judge, and that her actions that day in April 2025 were not done maliciously but rather to maintain the “decorum and safety of the courtroom.”

“I have been cast as both a scofflaw and a hero. I am neither. I am a public servant who’s just trying to do my job,” Dugan said, adding that she has had to retire from public life due to threats against her and her family.

A prosecutor then acknowledged that “she has experienced collateral damage because of her conduct,” but said “judges can’t choose to disregard the law.”

Adelman then spoke, saying he doesn’t believe prison is necessary. He noted that Dugan lost her job, now has a felony conviction and experienced threats that forced her to move and stop attending community events.

“This is a few minutes of conduct for someone who has dedicated her life to public service,” the judge said. “It’s a marked deviation from an otherwise law-abiding life.”

He also noted that Dugan’s actions didn’t stop the ICE agents from arresting the defendant outside the courthouse.

Prosecutors pushed for a ‘serious sentence’

While jurors found her guilty of felony obstruction, they acquitted her of concealing an individual to prevent arrest, a misdemeanor.

Prosecutors argued in a sentencing memo filed last week that Dugan violated her oath as a judge and put both law enforcement and the public at risk.

“Judges are entrusted with tremendous discretion, but there is a line they cannot cross,” Executive Assistant U.S. Attorney Richard Frohling wrote. “The defendant crossed that line.”

Dugan’s attorneys argued she has been “punished enough,” including resigning as a judge and facing threats of violence. They argued in her sentencing memo that she should not be sentenced to any jail time besides the part of one day she already spent in federal custody.

Under federal sentencing guidelines, the presentence report calls for 15 to 21 months behind bars. The judge is not bound by those guidelines.

Prosecutors said the average sentence for obstruction cases is 16 months, but they did not recommend a sentence.

“This was a serious offense, and it warrants a correspondingly serious sentence,” Frohling wrote.

Attorney Jason Luczak said after the sentencing that they would still appeal Dugan’s conviction.

Dugan’s case was a first for Wisconsin

Dugan’s case marked the first time that a state judge in Wisconsin went to trial on charges of obstructing immigration agents.

On April 18, 2025, immigration officers went to the Milwaukee County courthouse after learning Eduardo Flores-Ruiz, 31, had reentered the country illegally and was scheduled to appear before Dugan for a hearing in a state battery case.

Dugan confronted agents outside her courtroom and directed them to the chief judge’s office, saying their administrative warrant wasn’t sufficient to arrest Flores-Ruiz.

After the agents left, she led Flores-Ruiz and his attorney out a private jury door. Agents spotted Flores-Ruiz in the corridor, followed him outside and arrested him after a foot chase. A week later, FBI agents arrested Dugan in the courthouse, leading her outside in handcuffs.

Flores-Ruiz was deported in November.

Savage and Bauer write for the Associated Press. Bauer reported from Madison, Wisc. AP contributors include Hannah Fingerhut in Des Moines, Iowa.

MILWAUKEE — A federal judge on Wednesday considered whether to throw out a jury’s guilty verdict against former Wisconsin Judge Hannah Dugan, who was convicted of felony obstruction for helping an immigrant evade federal officers.

The case was an early test of how the courts would respond to President Trump’s sweeping immigration crackdown.

Dugan had been scheduled to be sentenced on Wednesday, but U.S. District Judge Lynn Adelman postponed the proceedings indefinitely to instead hear arguments about whether to overturn her conviction.

Adelman did not rule from the bench and did not indicate when he might issue a decision. Dugan and attorneys for both sides left the courtroom without commenting to reporters.

Former judge’s attorney points to a Virginia case

Dugan’s attorney Steven Biskupic argued that her conviction was invalid and should be overturned. He said that was necessary because a federal appeals court in April overturned a key Virginia immigration case that the judge and prosecutors had cited in the Dugan case.

Biskupic argued that based on the 4th U.S. Circuit Court of Appeals overturning that ruling, Dugan was improperly convicted, procedurally, under a certain federal law.

“Our primary argument is this was an invalid theory of conviction,” Biskupic said.

In the Virginia case, an immigrant who was in the country illegally was detained by U.S. Immigration and Customs Enforcement agents and later escaped. He was recaptured and indicted on a charge of obstructing a pending immigration proceeding.

The federal appeals court found that the ICE action did not constitute a “pending proceeding,” as is required under the federal obstruction law.

Dugan’s attorneys argue that she should not have been charged because there was no “pending proceeding” against the immigrant in her courtroom being sought by ICE agents, only a warrant filed for his arrest. The filing of a warrant does not constitute a “proceeding” under the law, Biskupic argued.

Prosecutors countered that the facts in the Virginia case are different and don’t apply to Dugan’s. They also argued that other cases support Dugan’s conviction.

“The court should stick with its ruling,” said Richard Frohling, acting U.S. attorney for the eastern district of Wisconsin.

In response to a question from the judge, he contended that the appeals court was wrong to overturn the Virginia case. The judge also quizzed Frohling on what constitutes a proceeding under the law and how long it lasts.

“It could be a couple minutes, it could be a couple years,” Frohling said. “It all depends on the context.”

Dugan’s sentencing was postponed so the court can hear new arguments

Dugan, 67, faces up to five years in prison after a jury convicted her on Dec. 19. But it is unlikely that Dugan would be sentenced to prison. Federal sentencing guidelines generally call for probation for defendants like her who have no criminal history and are convicted of a nonviolent crime.

She resigned from her position as a Milwaukee County circuit judge two weeks after her conviction amid threats of impeachment from Republican state lawmakers. She had been a judge for nine years.

Dugan was present for Wednesday’s arguments but did not speak.

The Trump administration brought the case against Dugan as the president pressed ahead with his sweeping immigration crackdown. Trump’s administration and his allies branded Dugan as an activist judge, while Dugan’s attorneys said she was being unfairly targeted and argued, unsuccessfully, that she was immune from being charged because she was a judge.

Dugan’s case marked the first time that a state judge in Wisconsin went to trial on charges of obstructing immigration agents. She was acquitted of concealing an individual to prevent arrest, a misdemeanor.

Dugan helped an immigrant wanted by ICE agents

On April 18, 2025, immigration officers went to the Milwaukee County courthouse after learning Eduardo Flores-Ruiz had reentered the country illegally and was scheduled to appear before Dugan for a hearing in a state battery case.

Dugan confronted agents outside her courtroom and directed them to the chief judge’s office because she told them their administrative warrant wasn’t sufficient grounds to arrest Flores-Ruiz.

After the agents left, she led Flores-Ruiz and his attorney out a private jury door. Agents spotted Flores-Ruiz in the corridor, followed him outside and arrested him after a foot chase. A week later, FBI agents arrested Dugan in the courthouse, leading her outside in handcuffs.

Flores-Ruiz was deported in November.

Bauer writes for the Associated Press.