Federal Court Rules Against House Democrat in Assault Case Involving ICE

<p>A federal judge appointed by President Joe Biden has ruled in favor of the Trump administration, declining to dismiss a case against House Democrat LaMonica McIver, who is accused of assaulting federal immigration officers. The ruling was made by two of the three judges on the U.S. Court of Appeals for the Third Circuit.</p><p>The case stems from a May 2025 incident at an Immigration and Customs Enforcement (ICE) facility in Newark, New Jersey, during an unannounced visit by a group of Democratic officials. The visit escalated into a confrontation between federal lawmakers and ICE agents, resulting in the arrest of Newark Mayor Ras Baraka. McIver faces three charges, including assaulting and impeding federal officers.</p><p>McIver sought to have the case dismissed, claiming immunity from prosecution due to her official duties as a member of Congress. She also alleged that the Department of Justice (DOJ) was unfairly targeting her, labeling the charges as "vindictive." </p><p>The court's 2-1 decision, which included Judge Cindy Chung, appointed by Biden, and Judge Stephanos Bibas, appointed by Trump, determined that McIver's claim of legislative immunity did not apply to two of the three counts against her. The third count was remanded to a lower court for additional examination.</p><p>According to court documents, McIver is accused of "slamming her forearm" into a federal officer attempting to arrest Baraka. The appellate court agreed with a lower court's finding that her actions did not relate to any legislative function protected by the Constitution.</p><p>The second count alleges that McIver used both forearms to strike an officer while returning to the secured area of Delaney Hall. The judges noted that these actions were clearly non-legislative and not essential to the legislative process.</p><p>In dissent, Judge Thomas Ambro argued that preventing a member of Congress from entering a Department of Homeland Security facility obstructs effective oversight. McIver stated that she believes the court's decision is incorrect, asserting that it undermines her authority and emboldens the Trump administration's actions against vulnerable communities. She indicated that she would explore all available options and would not be deterred from her responsibilities.</p>