A federal appeals court delivered a major victory to the Trump administration by refusing to dismiss assault charges against Rep. LaMonica McIver, a New Jersey Democrat accused of attacking federal immigration officers during a chaotic 2025 detention center visit.

Biden Judge Sides With Trump Administration

The U.S. Court of Appeals for the Third Circuit ruled 2-1 against McIver’s attempt to claim legislative immunity from prosecution. Judge Cindy Chung, appointed by President Biden, joined Trump-appointed Judge Stephanos Bibas in rejecting the congresswoman’s defense that her actions at Newark’s Delaney Hall Detention Center constituted official congressional duties. The ruling addressed three criminal counts McIver faces for allegedly assaulting and impeding federal officers during an unannounced May 2025 visit by Democratic officials.

Court documents reveal McIver allegedly slammed her forearm into a federal officer attempting to arrest Newark Mayor Ras Baraka. A second count charges she used both forearms to strike an officer while forcing her way into a secured area. The appellate judges determined these physical actions had no legitimate connection to legislative functions protected by the Constitution, writing that pushing and forcibly striking someone are unambiguously non-legislative acts not integral to the legislative process.

Congresswoman Vows To Fight On

McIver rejected the court’s decision and accused the Trump administration of persecution. Her congressional office previously labeled the charges vindictive, claiming the Justice Department unfairly singled her out. In a defiant statement, McIver declared the ruling emboldens the administration to continue targeting vulnerable communities and those who defend them. She vowed to explore every possible option to continue her work, insisting this fight is not over.

Congressional Oversight Or Criminal Assault

The case highlights tensions between congressional oversight authority and law enforcement boundaries. Judge Thomas Ambro dissented, arguing that preventing a member of Congress from entering a Department of Homeland Security facility denies effective access to oversight inspections. The incident occurred during a House Judiciary Committee dispute over immigration enforcement and alleged inhumane conditions at the detention facility. One count was remanded to a lower court for additional review, leaving the legal battle partially unresolved as both sides prepare for continued litigation.