Appeals Court Rejects Lawmaker's Immunity Claim in ICE Assault Case

A federal appeals court on Wednesday refused to let a New Jersey congresswoman escape prosecution for her role in a chaotic confrontation with federal immigration officers, handing the Trump administration another win in its push to hold anti-ICE agitators accountable. The U.S. Court of Appeals for the Third Circuit ruled 2-1 that Rep. LaMonica McIver, D-N.J., cannot claim legislative immunity for two of the three criminal counts she faces stemming from a May 2025 incident at an ICE detention center in Newark. A third count was sent back to a lower court for further review.

A Chaotic Visit to Delaney Hall

The case grows out of an unannounced visit to the Delaney Hall detention center by a group of Democratic officials in May 2025. What was billed as an oversight trip devolved into chaos, ending in a physical standoff between federal lawmakers and ICE agents and the arrest of Newark Mayor Ras Baraka.

McIver was charged with three counts, including assaulting and impeding federal officers. Court documents say she allegedly slammed her forearm into a federal officer who was trying to arrest Baraka. A second count alleges she used both forearms to strike an officer as she returned inside the secured area of Delaney Hall.

The detention center, where ICE houses illegal immigrants awaiting processing, has become a flashpoint for anti-ICE activism. Five agitators were arrested during earlier confrontations at the facility, and protesters have continued to gather outside it through this year.

Immunity Argument Falls Flat

McIver tried to get the case thrown out, arguing that her actions fell within her official duties as a member of Congress and that the Justice Department was unfairly singling her out. Her office called the charges vindictive.

Two of the three judges rejected that argument. Judge Cindy Chung, a Biden appointee, and Judge Stephanos Bibas, a Trump appointee, wrote that McIver's alleged intervention into the mayor's arrest had no cognizable connection to any legislative function protected by the Constitution. On the second count, they said pushing past and forcibly striking someone are unambiguously non-legislative.

Judge Thomas Ambro dissented in part, arguing that when an executive branch official prevents a member of Congress from entering a Department of Homeland Security facility, the lawmaker is denied effective access to an oversight inspection.

'The Court Got It Wrong,' McIver Says

McIver said in a statement that the court got it wrong and vowed to keep fighting. She accused the administration of using the case to persecute vulnerable communities and warned that the decision chills congressional authority. "I will not fold to this administration," she said. "We are exploring every possible option. This is not over."

The ruling is the latest in a string of legal victories for the administration as it pushes back against elected officials and activists who interfere with federal immigration enforcement. Earlier this year, the Justice Department secured arrests of multiple agitators involved in the Delaney Hall confrontations, and federal prosecutors have moved aggressively against sanctuary-city policies that shield illegal immigrants from removal.

What Happens Next

The case against McIver will now move forward on the two counts where the appeals court rejected her immunity claim, while the lower court re-examines the third. She has not indicated whether she will seek further review.

For ICE officers and the administration, the decision sends a clear message: elected office is not a shield for physically confronting federal agents. For McIver, the legal fight is just beginning, with the New Jersey Democrat insisting the outcome will not stop her from "standing for what is right."