A federal judge has refused to dismiss the criminal case against New Jersey Congresswoman LaMonica McIver, marking the latest development in a contentious legal and political battle between the Democratic lawmaker and President Donald Trump’s administration. The decision keeps in place the charges alleging that McIver assaulted federal agents during a turbulent encounter at a New Jersey immigration detention center earlier this year.
The ruling, issued Thursday by U.S. District Judge Jamel Semper, came after McIver’s legal team argued that the prosecution was both selective and vindictive, claiming that the charges were politically motivated and unfairly influenced by the administration. They further insisted that McIver did not assault anyone during the chaotic events at Delaney Hall, an immigration detention facility in Newark, during a visit on May 9.
Arguments From McIver’s Defense Team
McIver’s attorneys sought to convince the court that the charges were unfounded and rooted in political retaliation. Lead attorney Paul Fishman argued that McIver’s presence at Delaney Hall fell squarely within her constitutional responsibilities as a member of Congress. Members of Congress retain oversight authority and are legally permitted, without advance notice, to inspect federal immigration facilities. Fishman stated that McIver was performing official duties and should therefore be shielded from prosecution.
The defense also maintained that the environment at the detention center was crowded, emotional, and physically unstable as multiple officials, community members, and protesters attempted to maneuver around one another. They insisted McIver did not intentionally strike or impede any federal officer and that any physical contact was a byproduct of the tumultuous scene—not an assault.
In an emailed statement after the ruling, Fishman criticized the decision sharply. “It is clear this administration is treating Congresswoman McIver’s actions differently than the actions of those who are on their side,” he said, reinforcing his claim that politics, not conduct, motivated the charges.
Judge Semper’s Findings
Judge Semper rejected the defense’s argument that the case represented selective or vindictive prosecution. In his written opinion, Semper concluded that McIver’s team did not provide evidence strong enough to establish that the government targeted her unfairly for political reasons.
He also determined that McIver’s actions at Delaney Hall were “wholly disconnected” from the oversight duties she claimed. While members of Congress do have oversight authority, the judge wrote that the events captured on body camera footage showed physical jostling that could not be interpreted as constitutionally protected legislative activity.
His ruling noted that McIver “pushed and was pushed” in the confusion and that it was not immediately apparent from video whether the contact with agents was accidental or intentional. Still, he found that the presence of ambiguity in the video did not automatically invalidate the government’s right to bring the case forward.
The judge has not yet ruled on another pending motion from McIver’s legal team seeking to dismiss additional elements of the indictment.
Background on the Incident at Delaney Hall
Delaney Hall, a 1,000-bed immigration detention facility in Newark, became the center of national attention last spring after protests erupted over federal immigration policies. Demonstrators, community leaders, and elected officials showed up in large numbers, demanding access and greater transparency regarding conditions inside the center.
Among those present that day were Newark Mayor Ras Baraka and multiple state and federal lawmakers, including McIver. Tensions escalated when Baraka attempted to enter the facility. Federal agents blocked his access, and during the confrontation, Baraka was arrested.
Video later showed a chaotic struggle involving multiple people pressing into a tight space. McIver was caught in the cluster of bodies surrounding the mayor as agents attempted to pull him away. Prosecutors allege that during this moment, the congresswoman deliberately “slammed” her forearm into a federal agent and wrapped her arms around Baraka to prevent his arrest.
McIver has strongly denied these claims, insisting she attempted to maintain balance and order in a crowd where people were being pushed from multiple directions. It remains unclear from recordings whether the specific movements attributed to her were purposeful or part of the broader crush of people.
The trespassing charge against Mayor Baraka was later dropped, but the federal case against McIver proceeded.
Charges and Possible Penalties
In June, a federal grand jury indicted McIver on three counts, including assaulting, resisting, impeding, and interfering with federal officials. Two of the charges carry potential sentences of up to eight years in prison each. The third, a misdemeanor, carries a maximum penalty of one year in prison.
Given the political climate and the involvement of high-profile figures, the case has been closely followed both in New Jersey and nationwide.
A Clash Between Congress and the Administration
The case has been described as a high-stakes clash between the Trump administration and a Democratic lawmaker who has repeatedly criticized the president’s immigration enforcement strategies and policies.
McIver, who represents New Jersey’s 10th Congressional District, has taken a particularly vocal stance regarding immigration detention practices, raising concerns about the conditions inside facilities and the treatment of detainees. Her advocacy has at times put her at odds with federal officials.
The case was brought by acting U.S. Attorney Alina Habba, whose appointment to oversee the U.S. Attorney’s Office for New Jersey has been controversial. Separate legal challenges have questioned the circumstances of her appointment, with appellate judges recently hearing arguments on that issue. A decision in that matter is still pending.
Some political observers argue that the timing and nature of the charges against McIver reflect heightened tensions between the Trump administration and Democratic lawmakers from heavily blue states. Others counter that McIver’s alleged conduct, as described in the indictment, falls squarely within the type of behavior federal agents are tasked with responding to, regardless of political affiliation.
McIver’s Political Background
LaMonica McIver entered Congress in September following a special election held after the death of Rep. Donald Payne Jr., who previously represented the district. She won the special election and later secured a full term in November.
Her district, which includes Newark and surrounding communities, has long been a Democratic stronghold. McIver quickly became a visible figure in state and national politics, known for her outspoken positions on immigration, housing, and civil rights.
Despite the legal challenges, McIver has maintained that she will not step back from her responsibilities. She has pleaded not guilty and vowed to continue her work in Washington. Her office has stated that she intends to “fight the charges vigorously” while fulfilling her legislative duties.
The Road Ahead
With the judge’s recent ruling, the case against McIver will continue unless a future motion succeeds or prosecutors reconsider the charges. The outcome could take months, especially if appeals or additional legal challenges arise.
Legal experts note that the case could have significant implications—both for McIver personally and for how congressional oversight powers are interpreted when interacting with federal enforcement personnel.
For now, McIver remains in office, continues representing her district, and publicly maintains her innocence. The court’s next decisions will determine how the closely watched case proceeds and whether the remaining charges will be allowed to stand.
Emily Johnson is a critically acclaimed essayist and novelist known for her thought-provoking works centered on feminism, women’s rights, and modern relationships. Born and raised in Portland, Oregon, Emily grew up with a deep love of books, often spending her afternoons at her local library. She went on to study literature and gender studies at UCLA, where she became deeply involved in activism and began publishing essays in campus journals. Her debut essay collection, Voices Unbound, struck a chord with readers nationwide for its fearless exploration of gender dynamics, identity, and the challenges faced by women in contemporary society. Emily later transitioned into fiction, writing novels that balance compelling storytelling with social commentary. Her protagonists are often strong, multidimensional women navigating love, ambition, and the struggles of everyday life, making her a favorite among readers who crave authentic, relatable narratives. Critics praise her ability to merge personal intimacy with universal themes. Off the page, Emily is an advocate for women in publishing, leading workshops that encourage young female writers to embrace their voices. She lives in Seattle with her partner and two rescue cats, where she continues to write, teach, and inspire a new generation of storytellers.
