Judge denies NJ Democrat's bid to dismiss assault charge that stems from ICE facility visit
U.S. District Court Judge Jamel Semper ruled that McIver's actions were not protected by the clause because her visit was tied to her oversight duties and was not legislative.
By Misty Severi
Published: January 5, 2026 10:17pm
Afederal judge on Monday declined to dismiss a final assault charge against New Jersey Democratic Rep. LaMonica McIver that was tied to a visit she made to an Immigration and Customs Enforcement migrant detention facility last year.
McIver last month appealed an earlier failed attempt to get two of the charges dismissed, which came after she was involved in a scuffle with a federal agent when she visited Delaney Hall in Newark last May.
The New Jersey Democrat has attempted to argue that her actions were protected by the Constitution’s Speech and Debate Clause, which protects lawmakers from prosecution for official legislative actions.
U.S. District Court Judge Jamel Semper ruled that McIver's actions were not protected by the clause because her visit was tied to her oversight duties and was not legislative.
https://justthenews.com/government/courts-law/judge-denies-nj-democrats-bid-dismiss-assault-charge-stems-ice-facility-visit
