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Federal Criminal Cases

U.S. v. Rep. McIver

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Major Issue: Whether a Member of Congress may be prosecuted for actions resulting from efforts to exercise her official duties pursuant to a statutory right to access immigration detention facilities for the purpose of conducting oversight.

Case Status: Open.

Case Description: On May 9, 2025, Rep. LaMonica McIver was involved in an incident while attempting to access the Delaney Hall immigration facility in Newark, New Jersey in which agents sought to arrest Newark Mayor Ras Baraka. Although prosecutors subsequently dropped charges against the mayor, they filed new charges against Rep. McIver for allegedly interfering with the mayor’s arrest. In August, Rep. McIver moved to dismiss the case and provided new details, including that the mayor’s arrest was personally ordered by the Deputy Attorney General.

Procedural Posture: On June 10, 2025, Rep. LaMonica McIver was indicted for impeding the arrest of the Mayor of Newark. Case Number 2:25-cr-388 was assigned to District Court Judge Jamel K. Semper. Rep. McIver filed Motions to Dismiss based on selective enforcement and prosecution, vindictive prosecution, and legislative immunity. Those Motions were denied, and McIver appealed to the Third Circuit Court, Case Number 25-03573.

On June 10, 2025, Rep. McIver was indicted for impeding the arrest of the Mayor of Newark. On August 15, 2025, she filed Motions to Dismiss the charges based on selective enforcement and prosecution, vindictive prosecution, and legislative immunity. She also filed motions to compel discovery and restrain extrajudicial statements. Prosecutors filed their Opposition on September 15, 2025, and Rep. McIver filed Replies on September 25, 2025. On November 13, 2025, the Court denied McIver’s Motion to Dismiss based on vindictive and selective enforcement for all charges and her Motion to Dismiss based on legislative immunity for counts one and three. On December 29, 2025, McIver filed a Notice to Appeal, and on January 3, 2026, the Court denied her Motion to Dismiss based on legislative immunity for count two as well.  

On January 20, 2026, McIver appealed the District Court’s denial of her Motion to Dismiss to the Third Circuit Court of Appeals. On February 9, 2026, the Government filed a Motion to Dismiss Part of the Appeal on the basis that the Circuit Court lacks jurisdiction to review selective enforcement and prosecution and vindictive prosecution. On February 27, 2026, the Court referred the Motion to a Merits Panel. On March 30, 2026, McIver filed her Opening Brief arguing that the lower court should have dismissed the claim because of the Speech or Debate Clause and that the separation of powers precludes charging her for official acts. The Government filed its brief on May 7, 2026, arguing that the Speech or Debate Clause excludes violent conduct, which the government asserts, is what McIver is being prosecuted for.  

No proceedings to date.