Judge Denies LaMonica McIver’s Motion To Dismiss Assault Charges From Altercation With ICE

The ruling came nearly two months after he denied a broader round of motions arguing her actions outside the Delaney Hall detention facility were protected.

A federal judge has once again refused to dismiss Rep. LaMonica McIver’s (D-N.J.) federal assault charge, marking the third denial in the case tied to an alleged altercation with an ICE officer outside a detention facility.

On Jan. 5, U.S. District Judge Jamel Semper rejected McIver’s bid to have the assault charge dismissed on grounds of legislative immunity, the New Jersey Globe reports. The ruling came nearly two months after he denied a broader round of motions arguing her actions outside the Delaney Hall detention facility were protected.

In November, Semper left only one question unresolved — whether McIver’s alleged contact with an ICE officer qualified as protected legislative conduct. After reviewing additional body-camera footage and new briefs, Semper says the video shows McIver initiating the encounter, contradicting her claim that the officer blocked her entrance to the facility.

“While Defendant argues that it was ‘V-2 [an ICE deportation officer] who initiated contact with Congresswoman McIver as she reached the facility’s entrance, driving his shoulder into the Congresswoman’s chest to block her progress’ … video footage shows that V-2 was not facing Defendant or purposely impeding her when the physical contact occurred,” Semper wrote.

McIver has pleaded not guilty to the assault charge connected to her oversight visit to the facility with two other lawmakers last May. She argued she was protected by the Constitution’s Speech and Debate Clause, which shields lawmakers from liability for conduct related to official legislative acts. But Judge Semper ruled that her actions weren’t tied to legislation or policymaking, and therefore weren’t covered by immunity.

“The physical contact she engaged in outside the facility lacked a legislative prerogative,” he wrote.

McIver responded to the ruling with disappointment in a statement that called out the Trump administration and declared that meaningful oversight of an ICE detention facility like Delaney Hall “can’t be done from behind a desk.”

“It is my responsibility to visit it, inspect it, and hold those running it accountable for any abuses,” she said. “I’m disappointed by today’s ruling and remain very concerned about the Trump administration’s efforts to criminalize legislative oversight and operate in the shadows.”