Rep. LaMonica McIver denied immunity in ICE facility prosecution

A federal appeals court has ruled that U.S. Representative LaMonica McIver, a Democrat from New Jersey, is not immune from prosecution regarding a May 2025 incident at an Immigration and Customs Enforcement (ICE) detention facility in Newark.

The three-judge panel of the U.S. 3rd Circuit Court of Appeals rejected McIver’s argument that her actions were protected by the Constitution’s ‘Speech or Debate’ clause or by legal precedents regarding official acts. The ruling allows the prosecution to proceed on two felony counts involving the alleged assault of and interference with federal law enforcement officers. Prosecutors claim the confrontation occurred at Delaney Hall when McIver physically clashed with agents while attempting to prevent the arrest of Newark Mayor Ras Baraka.

While the panel affirmed the charges related to physical contact with agents, a third count was sent back to the lower district court for further review. McIver has maintained that her actions were part of legitimate congressional oversight and stated she is ‘exploring every possible option’ following the decision.