Appeals Court Refuses to Dismiss Charges Against Rep. LaMonica McIver

A federal appeals panel on Wednesday rejected a request to throw out criminal charges against U.S. Representative LaMonica McIver, ruling that constitutional protections do not shield the New Jersey Democrat from prosecution over a May 2025 altercation at a Newark immigration facility.

The U.S. Court of Appeals for the Third Circuit ruled 2-1 that McIver’s actions during an unannounced visit to Delaney Hall were non-legislative. McIver faces up to 17 years in prison on charges including assaulting, impeding, and interfering with federal officers during the arrest of Newark Mayor Ras Baraka, whose charges were later dropped.

Judges Cindy Chung and Stephanos Bibas noted that McIver’s alleged intervention in the mayor's arrest had no connection to legislative functions protected by the Speech and Debate Clause. The panel allowed two counts of physical contact with officers to move toward trial while remanding a broader third count to a lower court for further fact-finding.

McIver, who is pregnant with her second child as she runs for re-election in November, has pleaded not guilty and accused the Justice Department under President Trump of political weaponization. The 40-year-old lawmaker remains the only member of Congress indicted by the Trump administration over oversight efforts.

"This is about weaponizing the Department of Justice" against "people that they don’t like," McIver said in June following oral arguments before the Third Circuit.

In a separate statement issued after Wednesday's ruling, McIver reiterated her stance to challenge the decision.

"the court got it wrong."

"Today’s decision chills that authority and emboldens the Trump administration to continue persecuting our most vulnerable communities, those who try to defend them, and anyone who dares hold the president or his lackeys accountable. I will not fold to this administration. We are exploring every possible option.

The administration will not stop me from doing my job or standing for what is right. This is not over," McIver said.

In a partial dissent, Judge Thomas L. Ambro argued that preventing lawmakers from entering Department of Homeland Security facilities denies them effective access to perform oversight inspections. Defense attorney Paul Fishman expressed concern over executive branch actions surrounding congressional oversight.

"As we argued before the court, it is too dangerous if the Departments of Justice and Homeland Security are able to thwart members of Congress from inspecting an ICE detention facility, create chaos, and then prosecute those members and pretend it was their fault," said Paul Fishman, McIver’s attorney.

The case returns to the lower court as McIver's legal team evaluates further appellate options.