New Jersey Rep. LaMonica McIver tries again to toss assault charges stemming from ICE facility visit

Rep. LaMonica McIver wants another shot at throwing away the criminal charges levied against her from the Trump administration, she announced Monday.

The New Jersey Democrat filed an appeal to a federal judge’s ruling last month in the criminal case, which claims she assaulted federal agents during a chaotic scrum outside an immigration detention facility.

McIver previously asked U.S. District Judge Jamel Semper, a Biden appointee, to dismiss the charges on the grounds of selective prosecution and legislative immunity. Semper, however, partially denied McIver’s request in November. Now, she's taking that ruling to the 3rd U.S. Circuit Court of Appeals.

“This appeal is for everyone who is standing up to this administration as they try to operate without oversight, silence the people who oppose them, and shut down those who protect the vulnerable,” McIver said in a statement. “They want to make an example out of me, but I will not let them.”

The criminal charges against McIver stem from a conflict at Delaney Hall, a recently reopened, 1,000-bed immigrant detention facility in Newark. The facility — located just miles from New York City — plays a key role in the Trump administration’s deportation efforts in the region.

In May, McIver tried to visit the facility with other members of Congress and Newark Mayor Ras Baraka. McIver was caught up in a chaotic rush in front of the facility’s gates, while Baraka was being arrested. That’s when federal prosecutors say McIver “slammed” her arm into a federal agent in the crowded scrum (the charges against Baraka were later dropped).

McIver has said she is not guilty and continues her work as a member of Congress. She recently performed an oversight visit at Delaney Hall with other congressional Democrats. She said it was “traumatic” to revisit the facility that led to her indictment and called for Delaney Hall’s closure.

During President Donald Trump’s second term, his administration has promised to go after his perceived political opponents.

McIver assumed office in September 2024, taking over for the late Rep. Don Payne Jr. (D-N.J.)