Appeals court keeps Trump DOJ charges against Rep. McIver
A federal appeals court ruled 2-1 on Aug. 26, 2026 that Rep. LaMonica McIver cannot use legislative immunity to dismiss the Trump administration prosecution of LaMonica McIver over a May 2025 clash at Newark's Delaney Hall ICE facility. Two Third Circuit judges rejected her bid to throw out assault and impeding charges; a third count returns to a lower court for review.
Key Takeaways
- The U.S. Court of Appeals for the Third Circuit ruled 2-1 that two criminal counts against McIver can proceed.
- McIver claimed Speech and Debate Clause protection; the majority called the alleged physical acts "non-legislative."
- She is the only sitting member of Congress indicted by Trump's Department of Justice, according to reporting.
- Charges follow a May 9, 2025 oversight visit when Newark Mayor Ras Baraka was arrested; his charges were later dropped.
- McIver pleaded not guilty and said she will explore "every possible option" after the ruling.
What did the Third Circuit decide in the Trump administration prosecution of LaMonica McIver?
Biden-appointed Judge Cindy Chung and Trump-appointed Judge Stephanos Bibas formed the majority on the three-judge panel. They upheld a lower court's refusal to dismiss two of three counts, finding McIver's alleged intervention during Mayor Ras Baraka's arrest had "no cognizable connection to any legislative function" protected by the Constitution.
On a second count, the judges wrote that "pushing past and forcibly striking someone are unambiguously non-legislative." Judge Thomas Ambro dissented, arguing that blocking a member from entering a DHS facility denies effective oversight access.
Why was Rep. McIver charged after the Delaney Hall visit?
On May 9, 2025, McIver joined other elected officials for an unannounced inspection of Delaney Hall, a Newark immigration detention center that has drawn protests over conditions inside. Baraka, who is not a member of Congress, was asked to leave and arrested for trespassing.
Charging documents say McIver and others surrounded Baraka to prevent his arrest. The Justice Department accuses her of slamming her forearm into an officer and striking another as she re-entered a secured area. The charges carry up to 17 years in prison. McIver has called the case vindictive and selective.
Can McIver still avoid trial on legislative immunity grounds?
On two counts, the answer for now is no. The appellate majority rejected her argument that physical acts during the confrontation were shielded because she was conducting congressional oversight. Ambro's dissent is the sole voice backing a broader immunity reading.
The Washington Post, reviewing video from multiple angles, reported McIver "made contact with at least two agents" but said the force and intent were hard to discern in the chaotic scene.
What happens next in the case?
The panel sent a broader third count back to the district court for additional fact-finding. McIver's attorney, Paul Fishman, warned that allowing prosecutors to "create chaos" at an ICE facility and then charge members of Congress would dangerously limit oversight.
McIver said the decision "emboldens" the Trump administration to target critics and vowed she would not "fold." For broader coverage of enforcement actions and legal fallout affecting markets and policy, see our Fintech & Crypto Alerts hub.
Court filings and The Guardian's reporting note McIver is expecting her second child this fall and remains the sole indicted lawmaker in this DOJ push.