A federal appeals court has ruled that two federal assault charges against Rep. LaMonica McIver, D-N.J., can move forward, stating that she does not have legislative immunity from these charges. The charges stem from an oversight visit to the Delaney Hall Detention Facility in May 2025, during which it is alleged that McIver forcibly assaulted two federal agents. The government claims she "slammed her forearm" against one agent and "forcibly grabbed" another, while also using her forearms to "forcibly strike" a second agent.
McIver sought to dismiss her indictment, contending that the government violated the separation of powers. She argued that her visit to the facility granted her legislative immunity, as members of Congress are protected from prosecution for official legislative acts under the speech and debate clause. She also referenced a Supreme Court ruling that recognized presidential immunity for official acts, suggesting this principle should apply to legislators as well. McIver stated, "Legislators, unlike the President, face ongoing threats of prosecution during their term in office."
The 3rd Circuit Court of Appeals disagreed, stating that her alleged assault on federal officers was not legislative in nature. The court noted, "Expanding legislative immunity to cover a broader scope of conduct would exceed even the Presidential Immunity."
In a statement provided to MS NOW, McIver expressed concern that the ruling undermines the authority of elected representatives to conduct oversight of the executive branch without fear of retaliation. She stated, "Today’s decision chills that authority and emboldens the Trump administration to continue persecuting our most vulnerable communities," and mentioned that she is exploring all legal options.
Paul Fishman, McIver's attorney, emphasized the dangers of allowing the Departments of Justice and Homeland Security to impede congressional oversight, arguing that it creates chaos and unjustly prosecutes members of Congress. McIver faced three counts of assaulting and impeding federal law enforcement following the May 2025 incident, which occurred during an oversight visit to the Immigration and Customs Enforcement detention facility in New Jersey, previously scrutinized for failing to obtain proper permits and inspections.
The Delaney Hall facility had operated as an ICE detention center from 2011 until 2017, when it was converted into a halfway house, and was reopened as an ICE facility in February 2025 after securing a federal contract. During the visit, McIver was accompanied by several other lawmakers, including Democratic Reps. Bonnie Watson Coleman and Rob Menendez, who reported facing "contempt, disrespect, and aggression from ICE."
The charges against McIver were announced by then-acting U.S. Attorney for the District of New Jersey Alina Habba, who was later ruled to have been serving unlawfully. Following the charges, McIver stated on X that she and her colleagues were fulfilling their lawful oversight responsibilities, asserting that their visit should have been peaceful. She characterized the charges as "purely political" and misrepresentative of her actions.
The appeals court has sent one additional assault charge back to the district court for reconsideration, as there is insufficient information regarding whether the conduct charged includes official legislative acts. During oral arguments, the government claimed that the third charge encompassed "essentially all" of McIver's alleged actions to hinder federal immigration agents.
The ruling included a dissent from Judge Thomas Ambro, who disagreed with allowing two of the charges to proceed, suggesting that some of McIver's actions invoked protections as a legislator. Ambro noted that evidence presented indicated that her prosecution could be an act of political retaliation, advocating for discovery to safeguard legislative independence.