Rep. LaMonica McIver (D-NJ) has lost her appeal to toss federal charges over her congressional oversight visit to the Delaney Hall immigration detention center in Newark, New Jersey, last year.
In a split 2-1 decision on Wednesday, the Philadelphia-based U.S. Court of Appeals for the 3rd Circuit determined the congresswoman’s legislative immunity defense did not hold up.
The House Democrat argued she was protected from prosecution under the Constitution‘s “speech or debate” clause because she was conducting congressional oversight at the time of her alleged involvement in an altercation with federal authorities. The court concluded the charged conduct was not related to her official duties.
“The acts of pushing past and forcibly striking someone are unambiguously non-legislative: they are not integral to the legislative process,” U.S. Circuit Judge Cindy Chung, a Biden appointee, wrote in the 49-page opinion. She was joined by U.S. Circuit Judge Stephanos Bibas, a Trump appointee. U.S. Circuit Judge Thomas Ambro, a Clinton appointee, was the sole dissenting voice in the ruling.
McIver faces three charges for allegedly assaulting and interfering with Immigration and Customs Enforcement officers at Delaney Hall in May 2025. She has pleaded not guilty to the charges. There is no set trial date as the defendant appeals to dismiss her case.
The three-judge panel rejected her immunity argument against two of the three charges, but sent the third charge back to the lower court for reconsideration. The third count is a misdemeanor related to the altercation, while the first two are felony assault charges.
Unsurprisingly, McIver disagreed with the appeals court’s decision.
“I fundamentally believe that the court got it wrong here,” she said in a statement. “To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation.”
“I will not fold to this administration,” she vowed. “We are exploring every possible option.”
McIver may ask the full bench of the 3rd Circuit or the Supreme Court to take up her case.
THIRD ILLEGAL IMMIGRANT DETAINED AT NEW JERSEY ICE FACILITY DELANEY HALL DIES IN HOSPITAL
The New Jersey Democrat was present with two other Democratic lawmakers when ICE officers moved to arrest Newark Mayor Ras Baraka at Delaney Hall last May. Baraka was briefly arrested for trespassing on federal property, but the charge was dropped.
The detention center was the site of violent anti-ICE protests earlier this year following a hunger strike among detainees inside the facility. Congressional Democrats have since had a renewed focus on the site. McIver joined other lawmakers in visiting Delaney Hall again this year.