Appeals Court Rejects McIver's Bid to Dodge Trial in Delaney Hall Melee

A federal appeals court has rejected U.S. Rep. LaMonica McIver's attempt to have criminal charges against her thrown out, ruling that two of the three counts she faces over a confrontation with federal agents outside a Newark immigration detention center are not shielded by congressional immunity. The 3rd Circuit Court of Appeals affirmed a lower court's decision allowing prosecutors to proceed on the first two counts, which accuse McIver of striking and grabbing federal agents.

The ruling, filed as a 49-page decision, stems from a May 9, 2025 confrontation outside Delaney Hall, a 1,000-bed Newark facility that federal agents moved to arrest Newark Mayor Ras Baraka near, as reported by the New Jersey Monitor. McIver and two other members of Congress were conducting an oversight inspection of the facility when the melee broke out. Body camera footage, according to the outlet's reporting, shows McIver pushing federal agents during the scuffle. A majority of the appeals panel described her physical contact with agents as “unambiguously non-legislative,” and ruled that the first count does not charge her for a legislative act.

Three Judges, Three Counts, No Clean Sweep

The appeals panel included three judges: Thomas Ambro, Stephanos Bibas and Cindy Chung, according to the U.S. House of Representatives, with two of the judges appointed by Presidents Donald Trump and Joe Biden. Two appeals judges agreed McIver is not shielded from prosecution for the second count, while a third judge disagreed and argued that count should also be returned to the lower court for further review. All three judges, however, agreed that the third count should be reviewed again by a lower-court judge, who the panel found had failed to properly assess the claims against McIver on that count.

Under federal law, the distinction matters significantly for sentencing. Forcibly assaulting or impeding a federal officer involving physical contact is a felony carrying up to eight years in prison per count under 18 U.S.C. § 111(a), according to Cornell Law School's Legal Information Institute, while simple assault without physical contact is a misdemeanor punishable by up to one year. McIver faces up to 17 years in prison if convicted on the counts as charged. She has pleaded not guilty.

McIver's Immunity Defense and the Speech or Debate Clause

McIver argued that the Constitution's Speech or Debate Clause protected her conduct during what was billed as a congressional oversight visit, and separately contended that the Trump administration targeted her because she is a vocal critic of its policies. Her lead attorney, Paul Fishman, who served as the Senate-confirmed U.S. Attorney for the District of New Jersey from 2009 to 2017, previously headed the same federal prosecutor's office that brought the charges against his client, per NJ Spotlight News. Fishman did not respond to a request for comment immediately following the ruling.

Prior to the appeal, a federal district judge had rejected McIver's motion to dismiss the indictment on legislative-immunity grounds in December 2025. That ruling set up the interlocutory appeal that the 3rd Circuit has now decided.

The Confrontation That Started It All

The melee occurred outside Delaney Hall as federal agents moved to arrest Baraka, who was among a group of officials present that day. Federal agents did not arrest McIver at the scene. Federal prosecutors later filed assault charges against her, and separately dropped the trespassing charge that had been brought against Baraka. The oversight delegation that day also included fellow New Jersey Democratic Representatives Bonnie Watson Coleman and Rob Menendez Jr., who were inspecting detention conditions following the facility's reopening by federal authorities, per NJ Spotlight News's reporting on the case.

The prosecution against McIver was initially launched under interim U.S. Attorney Alina Habba, President Trump's former personal lawyer, whose appointment was later ruled unlawful by a federal judge, according to The Daily Record. Federal judges in New Jersey had declined to extend Habba's temporary appointment months earlier, triggering a separation-of-powers legal fight that has shadowed the case.

A Facility at the Center of a Detention Surge

Delaney Hall itself has become a flashpoint well beyond McIver's case. The facility, previously operated as an ICE center from 2011 to 2017, was expected to be reactivated in the second quarter of 2025 after private prison contractor GEO Group was awarded a 15-year, roughly $1 billion federal contract to provide support services there as an immigration processing center, as The GEO Group announced. Its reopening drew scrutiny from the start, and detention numbers there have since climbed sharply. Federal data analyzed by TRAC showed the average daily detainee population tripled to 807 immigrants in November 2025, up from 234 that September, with Department of Homeland Security records indicating about 10% of those held had prior criminal records. According to the City of Newark's official website, the city had been engaged in litigation with GEO Group over the company's failure to comply with municipal ordinances.

McIver represents New Jersey's 10th Congressional District, spanning 18 municipalities across Essex, Hudson and Union counties, including Newark and Jersey City. She was elected in a special election and now faces reelection in November 2026 as her criminal case heads back toward trial on the remaining counts.