Appeals court opts not to dismiss federal charges against Rep. LaMonica McIver over alleged assaults at ICE facility

McIver could argue her case before the full panel of the Third Circuit or take the case to the Supreme Court. She was charged with three felony charges related to a May 2025 incident at Delaney Hall in New Jersey. If convicted, she faces up to 17 years in prison.

The United States Third Circuit Court of Appeals ruled Wednesday that U.S. Rep LaMonica McIver (D-NJ) is not immune to prosecution related to alleged assaults on ICE officers during a May 2025 incident at Delaney Hall, the controversial detention facility where she and others were conducting an oversight visit.

The three-judge panel ruled 2-1 against Mciver, stating that, although the incident occurred during a legislative investigation, it does not shield her from penalties for her alleged actions.

“The charged conduct … is unambiguously non-legislative,” 3rd Circuit Court of Appeals Judge Cindy Chung, a Biden appointee, wrote in a 2-1 opinion. Judge Stephanos Bibas, a Trump appointee, joined the opinion.

McIver faces three felony charges related to the May 2025 incident, which also involved the arrest of Newark Mayor Ras Baraka. As ICE officials moved in on Democratic lawmakers who were addressing the conditions of Delaney Hall, the confrontation turned physical, leading to McIver’s arrest for allegedly making physical contact with the officials.

In a statement, McIver says the 3rd Circuit erred in judgment by ruling against her.

“I fundamentally believe that the court got it wrong here,” McIver said in a statement, adding, “To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation.

“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.”

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As TheGrio previously reported, McIver faces up to 17 years in prison if convicted in the case. She argued that the charges brought against her were for political reasons, citing numerous statements by the Trump Administration, President Trump himself and former prosecutor Alina Habba, who initially brought federal charges against McIver before leaving her position and becoming an aide in the administration.

Clinton appointee Judge Thomas Ambro dissented from his fellow judges and argued that McIver was right to compare her incident with the individuals Trump pardoned for taking part in the January 6th insurrection at the Capitol.”

“Potentially retaliatory prosecutions of sitting Members of Congress are exceedingly rare. But when they do occur, the constitutional foundation of our government is at risk,” Ambro wrote in his brief.

In a July fireside chat, McIver told the audience she felt she was fighting this fight without the same fierce help and support others have received when going up against the administration and ICE.

“I’m in this journey alone,” she told the gathered crowd. “I’m thankful for the people who have my back, who helped me raise the dollars thus far … But at the end of the day, why should someone from the Democratic Party, literally from the Democratic Party, be struggling to get just a million dollars … to fight this case? Why is that so hard?”

McIver’s “Stand With LaMonica” fundraising campaign is available here.