Appeals court allows charges against Rep. LaMonica McIver to proceed
Aug. 27 (UPI) — A divided federal appeals court has ruled that Rep. LaMonica McIver is not immune from prosecution on charges stemming from a confrontation with Immigration and Customs Enforcement agents outside a federal immigration detention facility in 2025.
The New Jersey Democrat was charged with three federal counts of impeding and interfering with federal immigration officers over alleged conduct on May 9, 2025, as they were attempting to arrest Newark Mayor Ras Baraka during an unannounced congressional oversight inspection of Delaney Hall Federal Immigration Facility.
McIver denies the allegations and has sought their dismissal.
The U.S. Court of Appeals for the Third Circuit ruled 2-1 Wednesday that two of the three charges against McIver may proceed to trial, while the third was sent back to a lower court for reconsideration.
McIver said she disagrees with the ruling and was “exploring” her options.
“To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation,” McIver said in a statement.
“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,” she continued. “The administration will not stop me from doing my job or standing for what is right. This is not over.”
Federal prosecutors charged McIver in a three-count indictment in June 2025, a month after the incident at Delaney Hall.
According to the court document, she and two other members of Congress were at the facility to conduct an unannounced congressional oversight inspection of the facility as a protest was occurring outside against the Trump administration’s hardline immigration policy and Immigration and Customs Enforcement agents.
After arriving at the facility, Baraka entered but was informed by a federal officer he was not authorized to be there, according to federal prosecutors, who said McIver prevented the federal officers from arresting the mayor, who was allegedly given multiple warnings to leave.
Outside the facility, McIver allegedly placed herself in front of Baraka and wrapped her arms around him to prevent his arrest. During the situation she is accused of having “slammed her forearm into the body of one law enforcement officer,” whom she also allegedly tried to retrain by grabbing him.
Court documents also accuse her of striking a second officer with both of her forearms.
Video of the incident posted online shows a chaotic scene that day outside the facility.
Baraka was eventually arrested and charged with trespassing, though the case against him was later dropped.
McIver moved to dismiss the indictment, arguing it violated the Speech or Debate Clause and the constitutional principle of separation of powers as well as under selective prosecution and enforcement claims, while also arguing selective and vindictive prosecution and enforcement.
All three counts accuse her of forcibly assaulting, resisting, opposing, impeding, intimidating and interfering with federal officers. However, the appeals court sent count three back to the lower court to review whether it includes conduct that can be considered legislative acts.
While counts one and two identify specifics act, count three encompasses a range of alleged conduct over a broad time frame, both inside and outside the facility, the court said.
Numerous Democrats came to McIver’s defense, arguing it is an attack on congressional oversight.
“Donald Trump wants Congressmembers to fall in line & not conduct oversight of detention centers,” Rep. Ayanna Pressley of Massachusetts said in a statement.
“And he wants to make an example out of @RepLaMonica. But we’re not letting up.”
New Jersey Gov. Mikie Sherrill similarly said that she continues to stand with her friend.
“Trump weaponizing the Department of Justice to target members of Congress simply for doing their jobs is straight out of his corruption playbook,” she said in an online statement.
“It’s a brazen and unlawful abuse of power, and a direct attack on congressional oversight.”