A federal appeals court ruled 2-1 that Rep. LaMonica McIver cannot use congressional immunity to escape criminal charges for allegedly assaulting federal officers outside a Newark ICE detention facility, a decision that could send the New Jersey Democrat to trial facing up to 17 years in prison.
The Third Circuit Court of Appeals on Wednesday declined to dismiss two of three counts against McIver, finding that her alleged physical actions during a May 9, 2025 confrontation at the Delaney Hall immigration detention facility were “non-legislative” and therefore not shielded by the Constitution’s Speech and Debate Clause. The court sent a third, broader count back to the lower court for additional fact-finding.
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