Federal Appeals Court Allows Case Against New Jersey Democrat Accused of ICE Facility Assault to Proceed

A three-judge panel at the U.S. Court of Appeals for the Third Circuit has declined to dismiss charges against Rep. LaMonica McIver, a New Jersey Democrat, who faces federal counts related to an altercation with immigration officers. The 2-1 decision rejected McIver’s argument that her congressional status shields her from prosecution for conduct undertaken in her official capacity.

The charges stem from a May 2025 visit to the Delaney Hall detention center in Newark by a group of Democratic lawmakers and elected officials that resulted in a physical confrontation with federal agents. Newark Mayor Ras Baraka was arrested during the encounter. McIver was charged with three counts, including assaulting and impeding federal officers.

Judges Cindy Chung, appointed by former President Joe Biden, and Stephanos Bibas, appointed by former President Donald Trump, ruled that McIver’s claimed legislative immunity does not apply to two of the three counts. Court documents allege she struck a federal officer with her forearm as he attempted to arrest Baraka and forcibly pushed past agents to enter a secured area of the facility.

The panel determined that physical acts of striking and pushing “are unambiguously non-legislative” and lack connection to constitutional protections of legislative function. Judge Thomas Ambro dissented, arguing that preventing a member of Congress from accessing a Department of Homeland Security facility for oversight purposes violates her authority to inspect federal operations.

McIver stated in a response that the court’s decision was incorrect and would embolden the Trump administration to persecute vulnerable communities and those defending them. She vowed to explore all available legal options and continue performing her congressional duties.