A federal appeals court has rejected Democratic Rep. LaMonica McIver’s claim of immunity, allowing assault charges to stand for her May 2025 confrontation at Newark’s Delaney Hall. The decision confirms that no legislative shield protects members of Congress from criminal prosecution.
Court Ruling
The Third Circuit panel upheld two of the three indictment counts, rejecting McIver’s argument that her arrest interfered with official congressional duties. Prosecutors allege she physically assaulted federal immigration officers during the May 2025 visit.
The judges found the indictment properly grounded in criminal conduct, not legislative activity, and dismissed the claim that the case threatened the separation of powers.
McIver’s Response
In a public statement, McIver declared the ruling “wrong” and said she is “exploring every possible option” to contest the decision. She emphasized that elected officials must retain oversight authority without fear of retaliation.
The congresswoman also pledged to continue her oversight role while the case proceeds through the federal system.
Potential Penalties
If convicted on all three counts, McIver faces up to 17 years in prison, though sentencing guidelines suggest a suspended term, probation and extensive community service. The court has not set a trial date, but the indictment remains active.
