U.S. Rep. LaMonica McIver (D-10th) once again is asking the courts to throw out her federal assault charges brought by the U.S. Department of Justice.
McIver’s legal team on Monday filed a brief asking an appeals court to dismiss the charges that stem from a scuffle outside the Delaney Hall immigrant detention center in Newark on May 9.
If convicted, McIver faces up to 17 years in federal prison. The government has 30 days to respond to her request.
“As the brief clearly lays out and as I have demonstrated from the beginning, I went to Delaney Hall to do my job. ICE interfered with that work, and then DHS lied about why I was there,” McIver said in a statement. “I am not backing down, even as this administration tries to intimidate me. The people of New Jersey are entitled to vigorous representation. Donald Trump will not take that away.”
The charges were first brought by former U.S. Attorney Alina Habba. The U.S. Attorney’s Office accused McIver of interfering with and assaulting federal officers outside Delaney Hall, which erupted when Newark Mayor Ras Baraka was arrested. McIver and other legislators had attempted to conduct an oversight visit of the facility.
Charges against Baraka were dropped days after his arrest. A lower court declined to dismiss the case against McIver, a Democrat.
McIver’s attorneys argue her actions fell under legislative immunity, which is granted to representatives who exercise their right to congressional oversight visits. They also allege that the charges were filed purely for political reasons because of her opposition to the Trump administration’s immigration crackdown.
McIver has been an avid critic of the president’s policies since he returned to the White House for his second term in January 2025.
