A federal appeals court has ruled that Rep. LaMonica McIver, a New Jersey Democrat, is not immune from prosecution over a May 2025 confrontation outside an Immigration and Customs Enforcement detention facility in Newark, as reported by Townhall.

The decision leaves in place three federal charges against McIver stemming from an incident at Delaney Hall, a facility that houses people detained by ICE.

Prosecutors have accused the congresswoman of physically clashing with federal law enforcement officers during a visit to the facility with other lawmakers.

The three-judge appeals panel rejected McIver's argument that prosecuting her would improperly interfere with her legislative responsibilities. The ruling means the criminal case against her can continue.

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McIver was indicted on three counts connected to the May 2025 incident. According to prosecutors, the confrontation occurred as lawmakers and federal officers interacted outside Delaney Hall in Newark.

The facility has also been the site of demonstrations and confrontations involving immigration activists and others opposed to ICE detention policies.

McIver has maintained that her actions were connected to congressional oversight.

Following the appeals court's decision, however, the panel declined to accept her claim that her position as a member of Congress shielded her from criminal prosecution.

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In a statement, McIver said the court “got it wrong” and that she is “exploring every possible option.”

She also defended the role of elected officials in overseeing the executive branch.

“To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation,” she said.

The appeals court's decision does not determine whether McIver is guilty of the charges. Instead, it addresses her effort to have the prosecution dismissed based on claims of immunity and interference with her congressional duties.

The Third Circuit has allowed the prosecution of Democratic Rep. LaMonica McIver to proceed on two charges stemming from her confrontation with federal officers at a New Jersey ICE facility, while ordering reconsideration on whether a third charge is barred by immunity. pic.twitter.com/ui5hc5UktV

— SCOTUS Wire (@scotus_wire) August 26, 2026

Federal prosecutors will now be permitted to continue pursuing the case unless a higher court intervenes or another legal challenge changes the outcome.

If convicted on all three counts, McIver could face a maximum combined sentence of up to 17 years in prison.

Any sentence, however, would ultimately be determined by a federal judge and could depend on federal sentencing guidelines, the circumstances of the case, and other factors.

The ruling represents a significant legal setback for the New Jersey Democrat, whose defense has centered in part on the argument that lawmakers must be able to conduct oversight without facing prosecution for actions connected to those duties.

For now, the appeals court has drawn a clear line: holding elected office does not automatically place a member of Congress beyond the reach of federal criminal law.

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