Appeals court rejects lawmaker's immunity claim in ICE detention center clash

A federal appeals court ruled that New Jersey Democratic Rep. LaMonica McIver can face assault charges stemming from a May 2025 incident outside an immigration detention center. The panel found her alleged actions were not protected legislative activity under the Constitution's speech or debate clause, though one charge was sent back to the lower court. McIver said the court erred and vowed to explore all options.

EXPANDED:

The 3rd Circuit's split ruling centered on whether McIver's physical interactions with ICE officers outside Delaney Hall constituted protected legislative oversight. Judge Ambro's partial dissent argued that one alleged contact warranted further fact-finding to determine whether it was intentional or merely incidental during her attempt to re-enter the facility. The incident occurred during a congressional inspection visit that also resulted in Newark Mayor Ras Baraka's arrest at the scene.

McIver's defense, led by attorney Paul Fishman, has maintained that ICE officials deliberately obstructed the oversight visit and lured lawmakers outside to arrest Baraka. The congresswoman has also alleged political motivation, pointing to the Trump administration's dismissal of Jan. 6 defendants' charges as evidence of selective prosecution. She announced her second pregnancy in May and has spoken publicly about the legal proceedings' toll.