Sherrill and Democratic allies call prosecution attack on congressional oversight
The U.S. Court of Appeals for the Third Circuit ruled 2-1 on Wednesday that two of three federal charges against Rep. LaMonica McIver, D-N.J., arising from a confrontation with Immigration and Customs Enforcement agents outside a Newark immigration detention facility in May 2025 can proceed to trial, while sending the third count back to the lower court for further review.
McIver had moved to dismiss the indictment, arguing that the prosecution violated the Speech or Debate Clause, the constitutional principle of separation of powers, and the doctrines of selective and vindictive prosecution and enforcement. The appeals court allowed two counts to advance toward trial while reserving the constitutional immunity question for the third.
In its decision, the court found that counts one and two identify “specific acts,” while count three “encompasses a range of alleged conduct over a broad time frame, both inside and outside the facility.” The court sent the third count back to the lower court to review whether it includes conduct that can be considered legislative acts.
The charges stem from an incident on May 9, 2025, outside Delaney Hall Federal Immigration Facility. According to court documents, McIver and two other members of Congress were at the facility for an unannounced congressional oversight inspection while a protest against the Trump administration’s immigration policy was occurring outside. Newark Mayor Ras Baraka also entered the facility, and a federal officer informed him he was not authorized to be there.
Federal prosecutors allege that McIver prevented officers from arresting Baraka after he was allegedly given multiple warnings to leave. According to the indictment, McIver allegedly “placed herself in front of Baraka and wrapped her arms around him to prevent his arrest.” Court documents accuse her of having “slammed her forearm into the body of one law enforcement officer,” of striking a second officer with both forearms, and of attempting to restrain an officer by grabbing him. Video of the incident posted online shows a chaotic scene outside the facility.
Baraka was eventually arrested and charged with trespassing, though the case against him was later dropped. Federal prosecutors charged McIver in a three-count indictment in June 2025, a month after the incident. All three counts accuse her of forcibly assaulting, resisting, opposing, impeding, intimidating and interfering with federal officers.
McIver denies the allegations and had sought their dismissal. In a statement following the ruling, she said she was “exploring” her legal options. “To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation,” McIver said. “Today’s decision chills that authority and emboldens the Trump administration to continue persecuting our most vulnerable communities, those who try to defend them and anyone who dares hold the president or his lackeys accountable.”
“I will not fold to this administration,” she continued. “The administration will not stop me from doing my job or standing for what is right. This is not over.”
Several prominent Democrats publicly defended McIver and characterized the prosecution as political retaliation against congressional oversight. Rep. Ayanna Pressley, D-Mass., said in a statement that “Donald Trump wants Congressmembers to fall in line & not conduct oversight of detention centers” and that he “wants to make an example out of @RepLaMonica. But we’re not letting up.” New Jersey Gov. Mikie Sherrill said she continues to stand with her friend, describing the prosecution as “Trump weaponizing the Department of Justice to target members of Congress simply for doing their jobs” and “a brazen and unlawful abuse of power, and a direct attack on congressional oversight.”