Instant
Dec 19, 2025

Federal Judge Allows DOJ to Proceed with Assault Case Against Democrat

Following her detention and assault charges for “forcible impeding and interfering with federal officers” while visiting a U.S. location, the lawmaker had sought to have her case dismissed earlier this year in an Immigration and Customs Enforcement (ICE) facility in New Jersey.

Congresswoman McIver asserted that her acts were “protected by the Constitution’s protection against arrest or prosecution while engaged in legislative business” and that they were “part of her lawful oversight duties as a member of Congress.”

The judge said Representative McIver could not claim legislative immunity for all her actions, though he found one of the charges against her to be covered under Congress’ “Speech and Debate” privilege. The congresswoman did not prove that the prosecution by President Trump’s administration is “vindictive,” according to Judge Semper.

Several posts on X made by the Department of Homeland Security (DHS) referencing a May incident at the Delaney Hall immigrant detention center in New Jersey, in which U.S. Representative LaMonica McIver was charged with assaulting federal immigration officers, have been removed following an order from Biden-appointed U.S. District Judge Jamel Semper.

McIver (D-N.J.) was charged with assaulting federal immigration officers during a congressional visit to the Delaney Hall immigrant detention center in Newark. She has pleaded not guilty and faces up to 17 years in prison if convicted.

McIver argued that the charges violate the Constitution’s Speech or Debate Clause and are politically motivated, though she was seen on video physically pushing and striking a federal ICE agent.

After the May incident, the Department of Homeland Security (DHS) issued several statements and social media posts criticizing Rep. McIver and other Democratic lawmakers who visited the Delaney Hall facility that day.

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