Democratic Rep. LaMonica McIver of New Jersey lost a legal round Thursday in her battle to escape the consequences of whacking away at federal immigration agents during a chaotic May confrontation.
McIver was indicted on three counts that allege she slammed a federal agent with her forearm, “forcibly” grabbed him, and used her forearms to strike another agent, according to Politico.
The charges are the result of a Democratic disturbance in May at the Delaney Hall Detention Facility in Newark, New Jersey, in which Democrats made an unannounced visit on the grounds that it was part of congressional oversight of immigration operations.
McIver claimed she has immunity because she is a member of Congress.
U.S. District Court Judge Jamel Semper, who was appointed by President Joe Biden, said the incident that led to the charges was not part of McIver’s congressional duties.
“Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity,” Semper wrote, according to ABC News.
“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” he said. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
Her actions were “wholly disconnected from the oversight she and the Representatives later conducted when touring the facility, where they engaged in protected fact-finding related to federal immigration policy,” the judge wrote.
“Defendant’s presence at Delaney Hall does not grant constitutional protection for every act performed in connection to that visit,” he wrote.
Will Rep. McIver be convicted?
The incident took place during what was labeled a congressional oversight visit. During an attempted arrest of Newark Mayor Ras Baraka, which was not related to the visit, McIver is alleged to have trampled upon the law in her rush to prevent agents from arresting Baraka.
Semper also rejected the argument from McIver’s attorneys that the case should be dismissed on the grounds of selective prosecution, claiming that if President Donald Trump pardoned defendants accused of crimes from the events of Jan. 6, 2021, the charges against her should be dropped.
Yikes!
A federal judge just refused to dismiss assault charges against New Jersey Rep. LaMonica McIver, noting she “actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
No one is above the law. pic.twitter.com/K5WERgLoKT
— Gina Milan (@ginamilan_) November 13, 2025
“Irrespective of the pardon, the January 6 defendants are not similarly situated to Defendant because the facts and circumstances surrounding their criminal cases are unambiguously distinct,” Semper wrote, according to Politico.
He noted that Democratic Reps. Bonnie Watson Coleman and Rob Menendez, who were part of the oversight visit, were not charged, according to the New Jersey Globe.
“Defendant argues that ‘the prosecution here rests on a retaliatory animus’ because ‘the Executive Branch does not like scrutiny of its immigration policies and practices,’ Semper wrote.
“This argument is undermined by the absence of charges filed against the Representatives who were also present on May 9 conducting oversight of the administration’s immigration policies. Video evidence shows that [Watson Coleman and Menendez] were also in close proximity to the Mayor and also advocated on his behalf, but did not physically contest his arrest.”
Semper ruled that McIver failed to demonstrate the case against her is “a result of personal animus harbored by the prosecution,” according to ABC.
“As I have stated in the past, it is my Constitutional obligation as the Chief Federal Law Enforcement Officer for New Jersey to ensure that our federal partners are protected when executing their duties,” acting U.S. Attorney for New Jersey Alina Habba said in a post on X.
“While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve,” she wrote.
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