Rep. McIver continues fight for freedom after motion to dismiss Trump DOJ charge is denied

“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,” said Congresswoman LaMonica McIver.

U.S. Rep. LaMonica McIver‘s fight for her freedom continues on after a federal judge in New Jersey denied her legal motion to dismiss one of the criminal charges against her in what she and her defenders say is a politically-motivated prosecution intended by the Trump administration to intimidate President Donald Trump’s perceived political opponents.

On Monday, U.S. District Court Judge Jamel K. Semper, nominated by President Joe Biden in 2023, ruled against McIver’s motion to dismiss Count Two of the three charges against her for allegedly forcibly impeding and interfering with federal officers during a May 2025 incident outside of the Delaney Hall immigration detention center in Newark.

McIver is accused of assaulting HSI (Homeland Security Investigations) agents who were arresting Newark Mayor Ras Baraka for trespassing. The charge against Baraka—who joined McIver and two other members of Congress to conduct an oversight of the detention center that was accused of abusing and violating the rights of detainees—was ultimately dismissed. The judge in that case chastised Trump’s Department of Justice for the “hasty arrest” of Baraka.

Despite McIver’s charges being connected to Baraka’s botched arrest, the freshman U.S. congresswoman faces up to 15 years in prison. Judge Semper was unswayed by McIver’s attorneys’ argument that Count Two should be dismissed on the basis that she is entitled to legislative immunity because she was exercising her congressional oversight duties.

“The Court cannot find that Defendant’s alleged conduct was legislative in nature,” Semper wrote in his ruling. “Her conduct was not tied to potential legislation or any other policy-making purpose.”

In a statement, McIver expressed her disappointment with Judge Semper’s ruling and defended her stance on legislative immunity.

“Legislative 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. 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,” said the 39-year-old congresswoman.

She continued, “Oversight helps prevent the administration from abusing people and violating their rights; when abuses do occur, oversight exposes them. This work is Congress’s job—it’s not ambiguous and it shouldn’t be up for debate. I will keep standing up to protect our communities.” 

Since being charged last summer, McIver has returned to Delaney Hall, a privately-run ICE detention center, after a detainee died while in custody.

Jean Wilson Brutus, a 41-year-old migrant from Haiti, was pronounced dead at University Hospital in Newark on Dec. 12. While ICE said Brutus died of “suspected natural causes,” the ACLU New Jersey notes that the facility has faced several legal challenges, as well as “documented patterns of inadequate care, dangerous conditions inside, and sustained community opposition.”