A federal appeals court has denied Representative LaMonica McIver's attempt to have charges dismissed, ruling that her claim of legislative immunity is not valid for all counts related to a 2025 incident at the Delaney Hall Detention Center in Newark, New Jersey. The U.S. Court of Appeals for the Third Circuit's 2-1 decision means the case against the New Jersey Democrat will proceed.
The charges against McIver stem from a May 2025 visit by a group of Democratic lawmakers to the Immigration and Customs Enforcement (ICE) facility. The visit reportedly led to a physical confrontation between lawmakers and ICE agents, resulting in the arrest of Newark Mayor Ras Baraka. McIver was charged with assaulting and impeding federal officers.
McIver had sought to have the case thrown out, arguing that her actions were part of her official duties as a member of Congress and therefore protected by legislative immunity. Her office had also characterized the charges as "vindictive."
However, the appellate court, with Judges Cindy Chung (appointed by President Biden) and Stephanos Bibas (appointed by President Trump) in the majority, determined that legislative immunity did not cover two of the three counts. The third count was sent back to a lower court for further consideration.
According to court documents, McIver is accused of "slammed her forearm" into a federal officer who was attempting to arrest Mayor Baraka. The appellate court found that this alleged intervention into the arrest had "no cognizable connection to any legislative function."
Regarding a second count, the judges stated that McIver allegedly used both forearms to "strike [an officer] as she returned inside of the secured area of Delaney Hall." The majority opinion concluded that these actions were "unambiguously non-legislative" and not integral to the legislative process.
Judge Thomas Ambro, in a dissenting opinion, argued that preventing a member of Congress from entering a Department of Homeland Security facility denies them "effective access to an oversight inspection."
In a statement following the ruling, McIver asserted that "the court got it wrong" and stated her intention to explore all available options. She added, "The administration will not stop me from doing my job or standing for what is right. This is not over."