A Democratic New Jersey congresswoman was told by a federal court that whacking away at U.S. Immigration and Customs Enforcement agents is not protected by the Constitution.
In May 2025, Democratic Rep. LaMonica McIver of New Jersey joined a group of Democrats that made a surprise visit to an ICE detention center. Although federal rules that allow members of Congress to make inspections gave McIver a certain level of protection, none was afforded to Newark Mayor Ras Baraka.
When ICE went to arrest Baraka, McIver plowed through agents to prevent the arrest, leading to charges against her.
A Wednesday decision from a federal appeals court said McIver cannot use the protection members of Congress are given to be free of prosecution for actions connected to its legislative role in order to avoid prosecution.
🚨 BREAKING: A federal appeals court has rejected Rep. LaMonica McIver’s immunity defense in the Newark ICE case, 2-1.
McIver faces three federal charges over the alleged assault of ICE agents and up to 17 years in prison. 🔥 pic.twitter.com/cDKD0kwhhZ
— Patriots For Trump (@PatriotsFob900) August 26, 2026
In a 2-1 ruling, a three-judge panel of the Court of Appeals for the Third Circuit rejected McIver’s claims on two counts against her, while sending the third charge back for review.
Will Rep. McIver be convicted?
Yes: 69% (37 Votes)
No: 31% (17 Votes)
Judge Cindy Chung, who was appointed by former President Joe Biden, and Judge Stephanos Bibas, appointed by President Donald Trump, formed the majority, according to Fox News. Judge Thomas Ambro, who was appointed by former President Bill Clinton, sided with McIver.
One charge against McIver claimed she “slammed her forearm” into a federal officer.
The appellate court agreed with the lower court ruling McIver was appealing, concluding that her “alleged intervention into the Mayor’s questionable arrest had no cognizable connection to any legislative function” that would be constitutionally protected.
The second count claimed McIver used both forearms to strike an officer “as she returned inside of the secured area of Delaney Hall.”
The two appellate judges concluded, “Like the acts charged in Count One, the acts of pushing past and forcibly striking someone are unambiguously non-legislative: they are not integral to the legislative process.”
“The charged conduct… is unambiguously non-legislative,” Chung wrote in the decision, according to Politico.
The third charge, which was sent back to a lower court, accuses McIver of “forcibly” interfering with immigration officers but does not provide detail as to the exact location.
McIver could take her appeal to the U.S. Supreme Court, or demand to be heard by the full Third Circuit Appellate Court.
McIver said the decision “emboldens the Trump administration to continue persecuting our most vulnerable communities, those who try to defend them, and anyone who dares hold the president or his lackeys accountable.”
She added, “I will not fold to this administration. We are exploring every possible option.”
In rejecting McIver’s initial request to be absolved of any consequences for her conduct, U.S. District Court Judge Jamel Semper, who was appointed by President Joe Biden, said the incident that led to the charges was not part of McIver’s congressional duties.
“Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity,” Semper wrote, according to ABC News.
“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” he said. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
Her actions were “wholly disconnected from the oversight she and the Representatives later conducted when touring the facility, where they engaged in protected fact-finding related to federal immigration policy,” the judge continued.
“Defendant’s presence at Delaney Hall does not grant constitutional protection for every act performed in connection to that visit.”
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