A US federal appeals court has allowed most of the Justice Department’s criminal case against Democratic Representative LaMonica McIver to proceed, rejecting her claim that congressional immunity protected her conduct during a 2025 visit to an ICE detention facility in Newark. The ruling matters because it limits the extent to which lawmakers can invoke legislative oversight duties to avoid prosecution for alleged physical confrontations with federal officers.

McIver faces three charges arising from a chaotic visit to Delaney Hall, during which Newark Mayor Ras Baraka was arrested. In a 2–1 ruling, Judges Cindy Chung and Stephanos Bibas found that two alleged incidents of striking or pushing officers were not legislative acts; they sent the third count back to a lower court for further consideration. McIver denies wrongdoing, calls the decision incorrect and says she is considering further legal options, while dissenting Judge Thomas Ambro argued that preventing access to a DHS facility can obstruct congressional oversight.