A federal appeals court has rejected an effort to dismiss criminal charges against LaMonica McIver, a Democratic representative from New Jersey’s 10th congressional district. McIver was charged in connection with an incident in May 2025 outside Delaney Hall, an immigration detention facility that has been the subject of ongoing protests regarding conditions inside.
The charges against McIver include assaulting, impeding, and interfering with an arrest, carrying potential sentences of up to 17 years in prison. McIver has maintained her innocence and argued she should be immune from prosecution under the Constitution’s speech and debate clause, contending she was conducting legitimate congressional oversight duties at the time. She also asserted the charges represent selective prosecution by the Trump administration’s Department of Justice, making her the only member of Congress the administration has indicted.
In a 2-1 decision, the Third Circuit Court of Appeals ruled that McIver’s actions at Delaney Hall were “non-legislative” in nature and therefore did not qualify for constitutional immunity. The court dismissed the notion that she was protected from prosecution while performing her job duties. The panel upheld two of the three charges while remitting a third, broader count to the lower court for additional factual review. Judge Cindy Chung wrote that the charges do not prosecute McIver for legislative acts nor require her to answer for any legislative conduct.
McIver responded to the ruling by stating the court “got it wrong” and arguing the decision undermines congressional authority to conduct executive branch oversight. She characterized the decision as emboldening administration actions against vulnerable communities and those defending them. McIver indicated her legal team would pursue additional remedies and declared the matter unresolved.
The May 2025 visit involved McIver and other elected officials inspecting the facility as part of congressional duties. Newark Mayor Ras Baraka, who accompanied the officials but was not a member of Congress, was arrested for trespassing; those charges were subsequently dropped. According to charging documents and video analysis, the incident involved a scuffle during Baraka’s arrest, with McIver’s attorney arguing the government created chaos and then prosecuted her in response.
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