Earlier this year, Democratic Rep. LaMonica McIver (NJ-10) was arrested and indicted on charges stemming from her behavior at an ICE facility in New Jersey. Specifically, Acting U.S. Attorney for the District of New Jersey Alina Habba charged McIver with "forcibly impeding and interfering with federal officers."
Back in October, McIver tried to get her case thrown out on claims that the Trump administration illegally targeted her. A judge seemed skeptical of those claims, according to Politico. Of course, McIver was caught on video pushing ICE officers and trying to gain access to and block agents from the facility.
Now a U.S. District Judge, Jamel Semper, said the DOJ can prosecute its case against McIver
U.S. District Judge Jamel Semper says DOJ can prosecute assault case against Rep. LaMonica McIverhttps://t.co/gWCAurTeDF pic.twitter.com/tn7dTBagkf
— The Washington Times (@WashTimes) November 14, 2025
A federal judge allowed the federal prosecution of Rep. LaMonica McIver to proceed Thursday, rejecting her attempt to have the case tossed over claims of vindictiveness by the Trump administration.
U.S. District Judge Jamel Semper, a Biden appointee, also said Ms. McIver generally cannot claim legislative immunity for her actions on the day she clashed with U.S. Customs and Immigration Enforcement officers at a detention facility in New Jersey.
He did say the New Jersey Democrat can argue that at least one of the charges against her is covered by Congress’ “Speech and Debate” privilege, but said that doesn’t apply to two other charges, which can advance no matter what.
“Defendant has failed to show that her prosecution is vindictive,” Judge Semper ruled.
Ms. McIver was at the detention facility in Newark on May 9 to investigate conditions along with two other members of Congress and Newark Mayor Ras Baraka.
Not only did McIver claim the charges should be thrown on grounds of "vindictiveness" of the Trump administration, including claims Trump was "lenient" with January 6 defendants, she also claimed she was acting as "part of her lawful oversight duties as a member of Congress" and "her actions were covered by the Constitution’s protection against arrest or prosecution while engaged in legislative business" according to the Washington Examiner.
Judge Semper rejected those claims, however. He did not reach a decision on one of McIver's motions.
"It is clear this administration is treating Congresswoman McIver’s actions differently than the actions of those who are on their side," said Paul Fishman, McIver's attorney, in an email to CNN.
It's unclear at this time when the case will be scheduled in court.