A panel from the Third Circuit has denied U.S. Rep. LaMonica McIver (D-N.J.) immunity from prosecution on criminal charges stemming from an incident on May 20, 2025, outside of an ICE detention center in Newark. According to the Courthouse News Service, McIver faces three counts of assaulting, resisting, impeding, and interfering with federal officers. She could spend up to 17 years in prison if convicted on all counts.
Background
In May 2025, McIver toured Delaney Hall, an ICE detention facility, with Newark Mayor Ras Baraka and two other Democratic members of Congress. As federal officers attempted to arrest Baraka for trespassing, McIver and the other members surrounded him, seemingly trying to prevent his arrest. According to prosecutors, McIver hit one officer with her forearm before hitting a second officer when she shoved away towards the facility gates. McIver is the only sitting member of Congress facing a federal indictment.
Petition and Denial
McIver claimed that her actions were protected by the Speech or Debate Clause of the United States Constitution, which grants members of Congress immunity from legal repercussions for things done in connection with legislative activity. The panel split 2 to 1. Judges Cindy Chung and Stephanos Bibas ruled against McIver on the applicability of that clause to the two felony charges that relate directly to the attack itself, deciding that behavior does not apply to activities remotely related to legislating. The panel remanded the third, broader count to the district court to parse out what, if any, portion of it relates to protected oversight functions. Judge Thomas Ambro dissented, saying McIver should have been allowed to conduct discovery on her allegation that the prosecution was politically biased.
Impact
The decision narrows the scope of activities that qualify as legislative activity protected by the Speech or Debate Clause. Touring a facility while engaged in congressional oversight activity, the panel said, qualifies for such protection. But physically interfering with a federal arrest is another thing entirely, and the Clause does not extend to such behavior even if it occurs during a tour. McIver has stated that she is considering asking for a rehearing by the full Third Circuit or appealing to the Supreme Court.
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