A federal appeals court ruled Wednesday that Rep. LaMonica McIver, D-N.J., is not shielded by congressional immunity from most of the criminal charges she faces over a confrontation with federal agents outside a Newark immigration detention facility, according to Roll Call, CNN and The Hill.

What happened

A divided three-judge panel of the U.S. Third Circuit Court of Appeals ruled 2-1 that two of the three counts against McIver can proceed to trial, finding her alleged conduct "unambiguously non-legislative" and therefore not protected by the Constitution's Speech or Debate Clause. The panel sent the third count back to the lower court for additional fact-finding; one judge partially dissented on that count specifically.

A large stone courthouse building with tall classical columns, viewed from a plaza with tree branches in the foreground
A federal appeals panel ruled most of the charges against Rep. McIver can proceed toward trial.

Why it matters

The case traces back to May 9, 2025, when McIver and two other New Jersey members of Congress, Bonnie Watson Coleman and Rob Menendez, arrived at Delaney Hall, a Newark immigration detention facility, for an unannounced congressional oversight visit. During the visit, roughly 20 Homeland Security agents moved in on Newark Mayor Ras Baraka, who was on the public side of the facility's gates; Baraka was arrested and charged with trespassing, though those charges were later dropped. McIver was subsequently indicted on three counts of assaulting or interfering with a federal officer.

▶ Roll Call's coverage of the Third Circuit's ruling. ↗

What we know, and what's still an allegation

Prosecutors' indictment alleges McIver "slammed her forearm" into one agent and was "forcibly grabbing" him, and used her forearm to "forcibly strike" a second agent, according to The Hill and Yahoo News — these are the government's allegations, not facts established at trial, since no trial has yet occurred. McIver has rejected the charges as political intimidation, saying in a statement that the court "got it wrong" and that "to protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation." She said she is "exploring every possible option," which suggests a further appeal is likely. IF Daily has not independently reviewed the body-camera footage from the incident referenced in other outlets' reporting.

A chain-link and barbed-wire fence in front of an open field
The case stems from a confrontation at the gated perimeter of Delaney Hall, a Newark immigration detention facility, during a congressional oversight visit.

Key takeaway: the case now returns to district court, with two counts cleared to proceed and a third sent back for further review. No trial date has been publicly confirmed. Whatever happens next, this ruling sets a real marker on how far the Speech or Debate Clause protects members of Congress conducting oversight visits, not just what happens to McIver herself.