Setback for Democratic Rep. LaMonica McIver: Court rejects immunity in case involving alleged assault on ICE agents

LaMonica McIver suffered a legal setback in the case involving her alleged assault on Immigration and Customs Enforcement (ICE) agents (ICE). By a 2-1 vote, a federal appeals court rejected her attempt to use legislative immunity to dismiss the criminal charges against her. Consequently, the proceedings may move forward, and the Democratic congresswoman will have to answer to the courts for the events that occurred on May 9, 2025, outside the Delaney Hall Federal Immigration Center.

The decision by the Third Circuit Court of Appeals allows the case brought by the Department of Justice (DOJ) under the Trump administration to proceed. Two of the three judges on the panel concluded that the actions for which McIver was charged were not protected by the so-called "Speech or Debate" clause of the Constitution, which protects members of Congress from prosecution for certain legislative acts.

McIver faces three federal charges stemming from the confrontation that occurred in May 2025 at an ICE detention center in Newark. The indictment alleges that she struck and struggled with federal agents while attempting to prevent the arrest of then-Mayor Ras Baraka, and also charges her with a third offense related to the incident.

The majority rejected legislative immunity for the first two charges, related to the actions McIver allegedly took to prevent Baraka's arrest and to return to the detention center, while remanding the third charge to the lower court for further review.

"Like the acts alleged in the first charge, the acts of pushing someone aside to clear a path and striking him with force are, without a doubt, outside the scope of legislative activity: they are not part of the legislative process," the judges wrote in their ruling.

What is McIver accused of?

The incident related to the charges occurred on May 9, 2025, outside a New Jersey detention center, while local authorities were arresting Mayor Baraka. According to the DOJ website, the formal charge is "obstructing and forcibly interfering with federal agents" who were attempting to arrest a person outside Delaney Hall.

In fact, when the agents moved to arrest Mayor Baraka, the congresswoman embraced him to prevent the arrest. "In her continued attempts to prevent the arrest, McIver struck a law enforcement officer with her forearm and, in turn, attempted to forcibly restrain him. McIver also used both forearms to strike a second officer forcefully," the DOJ added.

The charges were confirmed on June 10. If found guilty, the congresswoman could face a maximum sentence of eight years in prison for the charge of obstruction and coercive interference set forth in the first count of the indictment, while for the second count of obstruction and coercive interference, the maximum sentence is eight years.

McIver's statement: "This isn't over"

In a statement released after the ruling was announced, the Democrat asserted that the decision "encourages the Trump Administration to continue targeting our most vulnerable communities."

"I will not give in to this administration. We are exploring all possible options. The administration will not stop me from doing my job or standing up for what is right. This isn't over," she added.