A federal appeals court on Wednesday upheld a ruling that Rep. LaMonica McIver (D-NJ) cannot claim legislative immunity for her role in an altercation at the Delaney Hall immigration detention center in Newark, New Jersey, last year. The U.S. Court of Appeals for the 3rd Circuit issued a 2-1 decision, affirming that two of the three federal charges against McIver will proceed to trial.
The court rejected McIver’s argument that her actions were protected under the Constitution’s “speech or debate” clause, which shields lawmakers from prosecution for official legislative duties. The judges ruled that the charged conduct—including an alleged physical intervention during the arrest of Newark Mayor Ras Baraka—was not connected to her official congressional functions. The third charge was remanded to a lower court for further review.
The incident occurred in May 2025, when a group of Democratic officials, including McIver, conducted an unannounced visit to the Delaney Hall facility. What began as an oversight visit escalated into a physical confrontation with federal immigration officers, resulting in multiple arrests, including Baraka. McIver was charged with three counts, including assaulting and impeding federal officers.
McIver’s legal team had argued that the charges were politically motivated, calling them "vindictive" in a statement. The Department of Justice (DOJ), however, maintained that the case centers on alleged criminal conduct unrelated to her legislative duties. The DOJ has not indicated whether it will appeal the partial ruling on the third charge.
The 3rd Circuit panel included Judge Cindy Chung (a Biden appointee) and Judge Stephanos Bibas (a Trump appointee), who joined in the majority opinion. Judge Patty Shwartz dissented, though the full opinion did not detail her reasoning.
The case raises questions about the scope of legislative immunity in cases involving congressional oversight visits, particularly when such visits lead to confrontations with law enforcement. Legal experts note that the ruling could set a precedent for how courts interpret the boundaries of official legislative activity versus personal conduct in high-stakes oversight scenarios.
McIver remains a prominent figure in New Jersey politics, and the outcome of the case could have implications for her political future. The trial date has not yet been scheduled.