Trump scores federal court win against House progressive accused of assaulting ICE

A federal judge appointed by former President Joe Biden is siding with the Trump administration in refusing to dismiss a case against a House Democrat accused of assaulting federal immigration officers.

Two of the three judges on the U.S.

Court of Appeals for the Third Circuit refused to dismiss the Department of Justice (DOJ) case against Rep.

LaMonica McIver, D-N.J., stemming from a 2025 incident at an Immigration and Customs Enforcement (ICE) facility in Newark, New Jersey.

An unannounced visit to the Delaney Hall detention center by a group of Democratic officials devolved into chaos in May 2025 that culminated in a physical standoff between federal lawmakers and ICE agents and the arrest of Newark Mayor Ras Baraka.

McIver was charged with three counts, including assaulting and impeding federal officers.

FIVE ANTI-ICE AGITATORS ARRESTED DURING CHAOTIC DELANEY HALL CONFRONTATIONS CAUGHT ON VIDEO She attempted to get the case thrown out, arguing that she is immune from prosecution because her actions were part of her official duties as a member of Congress.

She also accused the DOJ of unfairly singling her out, with her congressional office calling the charges "vindictive." DOJ VOWS TO APPEAL AFTER JUDGE DISMISSES SMUGGLING CHARGES AGAINST KILMAR ABREGO GARCIA AS 'VINDICTIVE' But the 2-1 decision, made by Biden-appointed Judge Cindy Chung and Trump-appointed Judge Stephanos Bibas, stated that McIver's argument of legislative immunity would not stand for two of the three counts, while the third count was sent back to a lower court for further review.

Court documents say McIver allegedly "slammed her forearm" into a federal officer trying to arrest Baraka .

On that count, the federal appellate court agreed with a lower court decision that her "alleged intervention into the Mayor’s questionable arrest had no cognizable connection to any legislative function" protected by the Constitution.