This is the kind of thing that makes me feel ignorant. I'm wondering if the judge could have ordered her arrest on immigration charges.
A couple of local LEOs have complained to me that early in their careers they proudly tried to turn illegal immigrants over to the Feds only to be told the Feds didn't want 'em. So what if he HAD ordered her arrest. Then what?
Probably not. He is a state judge. If their was a current warrant for her arrest then he could have had her detained. Without a warrant he has no more authority to detain her than you or I.
He also probably lacks the authority to refuse to hear her case based on her status as an illegal immigrant.
And what would be the charge? Being in the country is not a criminal act. The House bill will make it one, but right now it is under immigration law, not criminal law. Only immigration authorities could arrest her. This judge could order it, but there would be no one to implement the order if immigration didn't want to follow the order.