Third Circuit denies New Jersey congresswoman immunity amid ICE assault charges

A Third Circuit panel denied Rep. LaMonica McIver immunity from federal charges stemming from a May 2025 clash with immigration officers outside Newark's Delaney Hall detention facility, where she and other lawmakers tried to block the arrest of Mayor Ras Baraka. McIver faces three counts and up to 17 years for physical contact with officers; Baraka's own trespassing charges were later dropped.

Judges Chung and Bibas ruled the speech-or-debate clause doesn't cover physical contact with officers, calling it unambiguously nonlegislative. Judge Ambro dissented in part, arguing one charge involved plausibly legislative conduct — trying to access the facility for an oversight visit — and that the majority ignored the risk of retaliatory prosecution against a sitting member of Congress.

McIver called the ruling a chill on congressional oversight and vowed to keep fighting; the Justice Department did not respond to a request for comment.

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