Federal Court Rules Against House Democrat in Assault Case Involving ICE

<p>A federal judge appointed by President Joe Biden has ruled in favor of the Trump administration, refusing to dismiss a case against House Democrat LaMonica McIver, who is accused of assaulting federal immigration officers. The ruling was made by two of the three judges on the U.S. Court of Appeals for the Third Circuit.</p><p>The case against Rep. McIver, D-N.J., stems from a May 2025 incident at an Immigration and Customs Enforcement (ICE) facility in Newark, New Jersey, where a visit by a group of Democratic officials resulted in a physical confrontation with ICE agents and the arrest of Newark Mayor Ras Baraka. McIver faces three charges, including assaulting and impeding federal officers.</p><p>McIver sought to have the case dismissed, claiming immunity from prosecution due to her actions being part of her official duties as a member of Congress. Her congressional office described the charges as "vindictive." </p><p>However, the court's 2-1 decision, which included Judge Cindy Chung, appointed by Biden, and Judge Stephanos Bibas, appointed by Trump, stated that McIver's claim of legislative immunity did not apply to two of the three counts. The third count was sent back to a lower court for further review.</p><p>Court documents indicate that McIver allegedly "slammed her forearm" into a federal officer attempting to arrest Mayor Baraka. The appellate court concurred with a lower court's ruling that her actions had no legitimate connection to any legislative function protected by the Constitution.</p><p>The second count against McIver alleges that she used both forearms to strike an officer while returning inside the secured area of Delaney Hall. The judges noted that these actions are clearly non-legislative and not integral to the legislative process.</p><p>In dissent, Judge Thomas Ambro argued that when an Executive Branch official prevents a member of Congress from entering a Department of Homeland Security facility, it effectively denies them access to oversight inspections.</p><p>McIver stated in response to the ruling that "the court got it wrong," asserting that the decision undermines her authority and emboldens the Trump administration. She expressed her determination to continue her work and indicated that her legal team is exploring all options.</p>