# Prosecution of Rep. LaMonica McIver regarding ICE incident > Live situation record from CLSTR: https://clstr.news/situations/prosecution-of-rep-lamonica-mciver-regarding-ice-incident > Updated: 2026-08-28T16:07:52.000Z. Sources: 13. Developments: 2. A three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled that U.S. Representative LaMonica McIver (D-NJ) is not shielded by congressional immunity from two of three criminal counts related to a May 2025 incident at the Delaney Hall Immigration and Customs Enforcement (ICE) detention center in Newark, New Jersey. The indictment alleges that McIver struck and grabbed federal officers during a confrontation while she was attempting to prevent the arrest of Newark Mayor Ras Baraka. The court majority determined that the physical conduct described in the first two counts is “unambiguously non-legislative” and not integral to the legislative process, rejecting arguments that her actions were protected by the ‘Speech or Debate’ clause. A third count has been sent back to the lower district court for further review. McIver has criticized the decision, stating it “chills that authority” of representatives to conduct oversight of the executive branch, and has indicated she is “exploring every possible option” regarding her legal defense. ## Timeline ### 2026-08-28: Rep. LaMonica McIver denied immunity in ICE facility prosecution A federal appeals court ruled that Rep. LaMonica McIver lacks immunity from criminal prosecution regarding a 2025 confrontation with federal agents at an ICE facility in Newark, New Jersey. 3 sources. https://clstr.news/cluster/rep-lamonica-mciver-denied-immunity-in-ice-facility-prosecution ### 2026-08-26: Rep. LaMonica McIver loses immunity bid in ICE assault case A federal appeals court ruled that Rep. LaMonica McIver lacks congressional immunity for two of three criminal counts involving an alleged assault on federal agents at a New Jersey ICE facility. 10 sources. https://clstr.news/cluster/rep-lamonica-mciver-loses-immunity-bid-in-federal-assault-case --- Cite as: Prosecution of Rep. LaMonica McIver regarding ICE incident. CLSTR, https://clstr.news/situations/prosecution-of-rep-lamonica-mciver-regarding-ice-incident