NJ Democratic Rep McIver again attempts to have charges tossed stemming from ICE facility visit

U.S. District Judge Jamel Semper, a Biden appointee, denied McIver's dismissal request last month, stating she failed to prove she was immune under the Constitution’s Speech and Debate Clause, or that the charges were discriminatory.

Published: December 30, 2025 4:22pm

New Jersey Democratic Rep. LaMonica McIver on Monday appealed a judge's ruling that declined to dismiss assault charges against her that were tied to a visit she made to an Immigration and Customs Enforcement migrant detention facility earlier this year.

The Justice Department indicted McIver over a scuffle with a federal agent when she visited Delaney Hall in May. Federal prosecutors claimed McIver allegedly sought to block the arrest of Newark Mayor Ras Baraka (D), after he was ordered to leave the facility. 

U.S. District Judge Jamel Semper, a Biden appointee, denied McIver's dismissal request last month, stating she failed to prove she was immune under the Constitution’s Speech and Debate Clause, or that the charges were discriminatory.

McIver filed the appeal in the 3rd U.S. Circuit Court of Appeals, according to Politico, and repeated her assertion that she was being selectively prosecuted for political reasons.

“This appeal is for everyone who is standing up to this administration as they try to operate without oversight, silence the people who oppose them, and shut down those who protect the vulnerable,” she said in a statement. “They want to make an example out of me, but I will not let them.”

McIver has pleaded not guilty to the charges.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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