A federal appeals court on Wednesday rejected Democrat Rep. LaMonica McIver’s immunity defense after she assaulted ICE agents at a Newark ICE detention center last year.

The Third Circuit Court of Appeals rejected LaMonica McIver’s argument that she was immune from prosecution because of the Constitution’s “speech or debate” clause.

This is the latest legal set back for LaMonica McIver.

Last year, a federal judge declined to toss out the federal charges against Rep. McIver.

Politico reported:

Rep. LaMonica McIver is not immune from prosecution for her contact with ICE officials during a heated scrum at New Jersey’s Delaney Hall detention facility, even though it occurred during a legislative investigation, a federal appeals court panel ruled Wednesday.

“The charged conduct … is unambiguously non-legislative,” 3rd Circuit Court of Appeals Judge Cindy Chung, a Biden appointee, wrote in a 2-1 opinion joined by Judge Stephanos Bibas, a Trump appointee.

McIver is facing three federal charges related to alleged assaults on ICE officials and interference with them during a May 2025 oversight visit to Delaney Hall. McIver and two other Democratic lawmakers were present when federal officials moved into a small crowd to arrest Newark Mayor Ras Baraka, who joined them on the oversight visit. The confrontation escalated and became physical, and McIver was ultimately charged with making physical contact with the officials.

The 3rd Circuit ruling sustains the bulk of the criminal case against the Democratic lawmaker despite her protestation that the charges were brought for political purposes. McIver pointed to commentary by Trump, his allies and the former federal prosecutor who brought the case at the time: Alina Habba, a former Trump personal lawyer and current White House aide.

In June 2025, a federal grand jury returned a 3-count indictment charging Democrat Rep. LaMonica McIver with forcibly impeding and interfering with federal law enforcement officers at the Delaney Hall detention center in Newark.

McIver is facing a maximum of 17 years in prison for all three counts.

McIver previously pleaded not guilty.

LaMonica McIver verbally abused and physically assaulted federal agents at a detention facility in Newark in May.

ICE bodycam footage revealed Rep. LaMonica McIver was verbally abusing federal agents and threatening to destroy their careers.

“I touch whoever I want motherf*cker!” McIver shouted.

🚨BREAKING: I have obtained exclusive ICE officer body cam footage clearly showing Democrat Rep. LaMonica McIver verbally and physically assaulting federal agents in New Jersey after illegally entering an ICE detention facility.

In the video you can see indisputable evidence of… pic.twitter.com/msAQBz23oJ

— Benny Johnson (@bennyjohnson) May 10, 2025