Federal Court Denies Motion to Dismiss Assault Charges Against Rep. McIver

Thu Nov 13 2025 20:14:51 GMT+0200 (Eastern European Standard Time)

U.S. District Judge Jamel Semper ruled against Rep. LaMonica McIver’s attempts to dismiss charges related to her visit to an immigration detention center, citing a lack of evidence for vindictive prosecution.

A federal court has denied motions from Rep. LaMonica McIver aimed at dismissing assault charges resulting from her actions at Newark’s Delaney Hall immigration detention center. U.S. District Judge Jamel Semper found insufficient proof of vindictiveness in the prosecution, stating that McIver’s behavior was unrelated to her congressional oversight duties. McIver, who has pled not guilty, faces counts of assaulting federal officials during a protest following her facility visit. This case marks a significant intersection between partisan politics and federal law enforcement.

TRUMP, N.J. (AP) — A federal judge has denied Democratic Rep. LaMonica McIver’s motions to dismiss a prosecution relating to her visit at an immigration detention center earlier this year. U.S. District Judge Jamel Semper also withheld judgment on one motion concerning the case brought forth by acting U.S. Attorney Alina Habba, who is noted for her previous role as President Donald Trump's attorney.

McIver argued that her actions during her May visit to Newark's Delaney Hall were protected by constitutional legislative immunity and that the prosecution against her was vindictive and selective. However, Judge Semper wrote that the congresswoman had failed to demonstrate the prosecution was vindictive and described her conduct as 'wholly disconnected' from her congressional duties.

This case is indicative of the ongoing conflict between Trump’s administration and a Democratic figure who has been notably critical of the former president's policies. McIver has vowed to continue her legislative work while pleading not guilty to the charges.

She has been indicted on multiple counts for allegedly assaulting federal officials in the course of her protest. The maximum penalty for some of these charges could reach eight years in prison. Following her visit to Delaney Hall, a private, 1,000-bed facility managed by Immigration and Customs Enforcement (ICE), the legal ramifications have escalated considerably.

The judge's opinion took into account video evidence of the incident, which displayed McIver interacting with uniformed officers during the protest. While some actions appeared aggressive, it's unclear whether they were intentional or simply a consequence of the chaotic environment.

Despite being authorized under a 2019 Congressional appropriations bill to inspect federal immigration facilities, McIver's actions at the protest have led to a spotlight on the intersection of federal law enforcement and congressional oversight.

McIver first entered Congress following a special election after the passing of Rep. Donald Payne Jr. and secured a full term shortly thereafter.