Trump scores courtroom win in opposition to Rep LaMonica McIver in ICE assault case

By | August 26, 2026


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A federal decide appointed by former President Joe Biden is siding with the Trump administration in refusing to dismiss a case in opposition to a Home Democrat accused of assaulting federal immigration officers.

Two of the three judges on the U.S. Courtroom of Appeals for the Third Circuit refused to dismiss the Division of Justice (DOJ) case in opposition to Rep. LaMonica McIver, D-N.J., stemming from a 2025 incident at an Immigration and Customs Enforcement (ICE) facility in Newark, New Jersey.

An unannounced go to to the Delaney Corridor detention middle by a gaggle of Democratic officers devolved into chaos in Might 2025 that culminated in a bodily standoff between federal lawmakers and ICE brokers and the arrest of Newark Mayor Ras Baraka. McIver was charged with three counts, together with assaulting and impeding federal officers.

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President Donald Trump listens during Oval Office event on IVF access.

President Donald Trump listens as administration officers communicate throughout an occasion within the Oval Workplace of the White Home on Oct. 16, 2025, in Washington, D.C. (Kevin Dietsch/Getty Photos)

She tried to get the case thrown out, arguing that she is immune from prosecution as a result of her actions have been a part of her official duties as a member of Congress.

She additionally accused the DOJ of unfairly singling her out, together with her congressional workplace calling the fees “vindictive.”

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However the 2-1 resolution, made by Biden-appointed Choose Cindy Chung and Trump-appointed Choose Stephanos Bibas, acknowledged that McIver’s argument of legislative immunity wouldn’t stand for 2 of the three counts, whereas the third depend was despatched again to a decrease courtroom for additional evaluate.

LaMonica McIver speaks in New Jersey

Rep. LaMonica McIver, D-N.J., calls for the discharge of Newark Mayor Ras Baraka after his arrest whereas protesting outdoors an ICE facility on Might 9, 2025, in Newark, N.J. (Angelina Katsanis/AP)

Courtroom paperwork say McIver allegedly “slammed her forearm” right into a federal officer making an attempt to arrest Baraka. On that depend, the federal appellate courtroom agreed with a decrease courtroom resolution that her “alleged intervention into the Mayor’s questionable arrest had no cognizable connection to any legislative operate” protected by the Structure.

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The second depend alleged that McIver used each of her forearms to “strike [an officer] as she returned within the secured space of Delaney Corridor.”

The 2 judges wrote, “Just like the acts charged in Depend One, the acts of pushing previous and forcibly placing somebody are unambiguously non-legislative: they don’t seem to be integral to the legislative course of.”

abolish ICE sign hands outside Delaney Hall

Protesters collect outdoors the federal immigration middle at Delaney Corridor, the place ICE is housing detained unlawful immigrants, on June 3, 2026, in Newark, New Jersey. (Spencer Platt/Getty Photos)

Choose Thomas Ambro wrote in dissent, “When an Government Department official prevents a Member from coming into a DHS facility, she is denied efficient entry to an oversight inspection.”

McIver herself mentioned in an announcement that “the courtroom acquired it mistaken.”

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“Right now’s resolution chills that authority and emboldens the Trump administration to proceed persecuting our most weak communities, those that attempt to defend them, and anybody who dares maintain the president or his lackeys accountable. I can’t fold to this administration. We’re exploring each attainable possibility. The administration won’t cease me from doing my job or standing for what is true. This isn’t over,” McIver mentioned.



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