A federal judge on Monday recommended that the Trump administration’s criminal case against Wisconsin judge Hannah Dugan should proceed.

Dugan, who previously served on the Milwaukee County Circuit Court before she was suspended by the Wisconsin Supreme Court, was arrested in April for helping an illegal immigrant evade immigration officers moving to arrest him in her courthouse. She was charged the following month with concealing an individual to prevent arrest, a misdemeanor, and obstruction of an immigration operation, a felony.

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Maintaining her innocence, Dugan pleaded not guilty to the criminal charges.

U.S. Magistrate Judge Nancy Joseph recommended that the charges should not be dropped, although the decision to accept or reject the recommendation is up to U.S. District Judge Lynn Adelman.

Dugan argues that she has judicial immunity from the criminal case, but Joseph said a judge’s immunity only applies to civil lawsuits for actions taken within their judicial capacity.

“A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law,” Joseph wrote.

Dugan also argues that the federal government violated Wisconsin’s sovereignty by conducting an immigration operation at a courthouse and prosecuting a state judge. The Trump administration maintains it acted lawfully in pursuit of its immigration agenda and defends its prosecution of Dugan.

Because both parties disagree on the facts, the federal magistrate judge said she couldn’t resolve the case in a motion to dismiss and thus ruled that the case should go to trial.

“It is important to note that nothing said here speaks to the merits of the allegations against Dugan,” Joseph wrote. “Dugan is presumed innocent, and innocent she remains, unless and until the government proves the allegations against her beyond a reasonable doubt to a jury at trial.”

There is no trial date yet, but a scheduled hearing is set for Wednesday.

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Dugan lawyer Steven Biskupic said the legal team is “disappointed” in Joseph’s non-binding recommendation, which it intends to appeal to “preserve the independence and integrity of our courts.”

If convicted on both criminal counts, Dugan could face up to six years in prison and a $350,000 fine.