The legal case involving New Jersey Democratic Rep. LaMonica McIver took a significant turn after U.S. District Judge Jamel Semper ruled that the Department of Justice could proceed with its prosecution. McIver faces several charges stemming from a May incident at the Delaney Hall immigrant detention facility in Newark, where she was accused of assaulting federal immigration officers during what was described as a congressional oversight visit. Seeking a dismissal earlier in the year, McIver argued that her actions were protected by the Constitution because she was performing her legislative duties. Judge Semper, however, concluded that not all of her conduct fell within the scope of legislative immunity, though he acknowledged that one of the charges intersected with the protections granted under the Speech or Debate Clause. Importantly, the judge also rejected her claim that the prosecution was politically vindictive or rooted in bias from the Trump administration.

The underlying charges arose when McIver was accused of physically pushing and striking an ICE agent during her visit to the facility. This incident was reportedly captured on video. While McIver pleaded not guilty, federal prosecutors charged her with multiple counts, including forcible impeding of federal officers. If she is ultimately convicted, she could face up to 17 years in prison. Her defense team maintained that her actions were not confrontational but rather were part of legitimate oversight activity and that the accusations were exaggerated for political impact. Nevertheless, the evidence presented so far led the court to allow the case to move forward, setting the stage for continued legal battles and political debate.

Complicating matters further was the federal government’s public response to the May incident. Following the confrontation, the Department of Homeland Security posted several public statements and social media messages sharply criticizing McIver and other Democratic lawmakers who visited Delaney Hall that day. These posts, published on X and in an official press release, portrayed the lawmakers’ visit as reckless and politically motivated, emphasizing that the facility housed dangerous individuals and accusing McIver of jeopardizing the safety of officers and detainees. One post described Delaney Hall as housing the “worst of the worst,” while another claimed the lawmakers’ behavior was “beneath this body” and insisted that “members of Congress are not above the law.”

In response to these public comments, McIver’s legal team filed a motion requesting that the court prohibit DHS from issuing what they characterized as prejudicial “extrajudicial statements.” They argued these posts had the potential to sway public opinion and compromise McIver’s right to a fair trial by framing her actions as criminal before the legal process had concluded. They provided nine examples—eight from DHS’s X account and one from an official press release—that they said crossed legal and ethical boundaries. Judge Semper agreed that