Rep. LaMonica McIver’s Immunity Claim Rejected by the 3rd Circuit

A three-judge panel of the 3rd U.S. Circuit Court of Appeals upheld two of the three federal counts against Rep. LaMonica McIver for allegedly assaulting Immigration and Customs Enforcement (ICE) officers during a May 2025 oversight visit to the Delaney Hall detention facility in Newark. The panel held that the conduct at issue was “unambiguously non-legislative,” rejecting McIver’s claim that the “speech or debate” clause shields her from prosecution. The judges asked the district court to revisit the third count, which alleges “forcible” interference with officers, to determine whether it falls within her legislative duties.

Politico

The May 2025 visit was part of a congressional oversight mission that also involved Newark Mayor Ras Baraka. When ICE officers attempted to remove Baraka from the facility, a physical confrontation erupted. Video released after the incident shows McIver striking an officer with her forearm while other Democratic lawmakers tried to prevent Baraka’s removal. The oversight inspection was completed despite the scuffle.

Judge Cindy Chung, writing for the majority, emphasized that the charges relate to a specific interaction rather than McIver’s overall visit. Judge Thomas Ambro, in a partial dissent, argued that McIver should be permitted to explore whether the prosecution is retaliatory. She indicated she may seek review by the full 3rd Circuit or the Supreme Court.

The National Women’s Law Center Action Fund condemned the decision as a “grave miscarriage of justice.”

• “Count One charges Congresswoman McIver not for conduct relating to her entire visit toDelaney Hall, but for conduct during a specific interaction between her and Victim-1,” — Judge Chung

• “What is happening to Rep. McIver is no accident: it is an intimidation tactic aimed at silencing a sitting member of Congress who stood up to protect her community members from human rights violations,” — Fatima Goss Graves, the fund’s president, in a statement