Photo: Alamy
A federal judge on Monday refused to dismiss the remaining assault charge against Democratic Rep. LaMonica McIver of New Jersey, ruling that her alleged actions during a confrontation with a federal agent at an immigration detention facility last year are not protected by the Constitution’s Speech and Debate Clause.
McIver was indicted after a May 2025 altercation with an Immigration and Customs Enforcement officer at Delaney Hall, a migrant detention center in Newark. The lawmaker has pleaded not guilty to all charges and has argued that her visit to the facility was part of her official duties as a member of Congress.
U.S. District Judge Jamel Semper rejected that argument in an eight-page ruling, finding that McIver’s conduct fell outside the scope of constitutionally protected legislative activity.
“The Court cannot find that Defendant’s alleged conduct was legislative in nature,” Semper wrote. “Her conduct was not tied to potential legislation or any other policy-making purpose.”
McIver had previously sought to dismiss two related charges but was denied by the court last month. Her attorneys appealed those rulings, contending that the prosecution was politically motivated and that her visit to Delaney Hall was consistent with congressional oversight responsibilities.
The lawmaker is expected to appeal Monday’s decision to the 3rd U.S. Circuit Court of Appeals.
“Legislative oversight of an ICE detention facility like Delaney Hall can’t be done from behind a desk. I’m disappointed by today’s ruling, and remain very concerned about the Trump administration’s efforts to criminalize legislative oversight and operate in the shadows,” McIver posted to X following the ruling.
McIver has accused federal prosecutors of targeting her for partisan reasons, saying the case represents “selective prosecution” meant to intimidate elected officials who challenge federal immigration policies.
If convicted on all three counts, McIver could face up to 17 years in prison, according to the New Jersey Monitor.