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Rep. LaMonica McIver appeals ruling in immigration facility scuffle case

McIver challenges charges of assault during a protest at a Newark ICE facility, arguing statutory oversight and citing claims of baseless prosecution by the Justice Department.

  • Rep. LaMonica McIver, Democratic congresswoman , said Monday she will appeal federal charges brought by the Trump administration to the U.S. Court of Appeals for the Third Circuit.
  • The charges stem from an earlier this year confrontation outside a Newark ICE detention facility in New Jersey, with McIver indicted earlier this year and pleading not guilty later that month.
  • U.S. District Judge Jamel Semper found the alleged conduct occurred during a delay, not the inspection, and reserved ruling on the remaining count pending more evidence, noting no Speech or Debate Clause protection.
  • From the beginning, I've fought back...' McIver said, calling the case "dangerous" and "baseless," while a House censure earlier this year failed when five Republicans joined all Democrats, and Alina Habba resigned amid appointment questions.
  • The case raises questions about immunity under the Speech or Debate Clause and prosecutorial legitimacy, as similar rulings tied to improper DOJ appointments have led courts to toss cases, influencing immunity and vindictive-prosecution claims.
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Politico broke the news in on Monday, December 29, 2025.
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