Politics
Federal appeals court rejects Rep. LaMonica McIver's immunity claim in ICE officer assault case
A federal panel ruled 2-1 that criminal charges against the New Jersey congresswoman over a 2025 detention center confrontation can proceed.
The short version
- A federal appeals court panel ruled 2-1 that Rep. LaMonica McIver cannot claim legislative immunity against two criminal counts related to a May 2025 incident at a New Jersey ICE facility.
- McIver is accused of assaulting and impeding federal immigration officers during a physical confrontation at the Delaney Hall detention center in Newark.
- The court sent a third count back to a lower court for further review, while McIver stated she is exploring legal options to contest the decision.
Key facts
- Appeals Judges Cindy Chung and Stephanos Bibas ruled that McIver's alleged physical intervention against federal officers had no connection to constitutionally protected legislative functions.[Fox News]
- Judge Thomas Ambro dissented, arguing that preventing a member of Congress from entering a federal facility denies access to legitimate legislative oversight.[Fox News]
- The criminal charges stem from a May 2025 visit by Democratic officials to Delaney Hall in Newark, New Jersey, which resulted in a physical standoff and the arrest of Newark Mayor Ras Baraka.[Fox News]
- The appellate panel remanded the third criminal count back to a lower court for further review.[Fox News]
What remains uncertain
- Whether McIver will appeal the ruling to the full appeals court or the Supreme Court, and how the lower court will rule on the remanded third count.[Fox News]