ACLU-NJ Statement on Appellate Court's Refusal to Dismiss US v. McIver 

For Immediate Release: August 26, 2026

NEWARK – In a divided opinion, the United States Court of Appeals for the Third Circuit today refused to reverse lower court rulings in U.S. v. McIver. The ACLU of New Jersey, along with the National Women’s Law Center and the NAACP Legal Defense Fund, had filed an amicus brief in support of Rep. LaMonica McIver, who is facing federal charges stemming from a congressional oversight visit of Delaney Hall, an immigration detention center in Newark. The brief urged the appellate court to dismiss the indictment because the charges brought against Rep. McIver are acts of political retribution.

In response to the ruling, Amol Sinha, executive director of the ACLU of New Jersey, issued the following statement:

"Congresswoman McIver visited Delaney Hall to carry out congressional oversight of an immigration detention facility, an essential function of accountability that she has the legal authority to do. As ICE continues to brutalize our communities with impunity, Rep. McIver is being targeted by the federal government because she disagrees with President Trump on some of the most pressing issues of our time, including immigration policy. Weaponizing the DOJ to target a sitting Member of Congress undermines our system of checks and balances and threatens our democracy. We will continue to urge the court to dismiss the charges against Rep. McIver."

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The ACLU of New Jersey has defended liberty and justice guided by the vision of a fair and equitable New Jersey for all since our founding in 1960. Our mission is to preserve, advance, and expand the individual rights and liberties guaranteed by the state and federal constitutions in courts, in the legislature, and in our communities. We strive to be anti-racist and are actively committed to advancing racial justice for the people of New Jersey. We are a non-partisan organization that operates across political, legal, and cultural fronts to bring about change and build a more equitable society. www.aclu-nj.org