The ACLU of New Jersey, along with the National Women’s Law Center and the NAACP Legal Defense Fund, today filed an amicus brief in the United States Court of Appeals for the Third Circuit in support of U.S. Representative LaMonica McIver, who is facing federal charges stemming from a congressional oversight visit of Delaney Hall, an immigration detention center in Newark. Rep. McIver appropriately moved to dismiss the charges due to her legislative immunity and because the charges were clearly political retribution, but her motion was denied. The brief urges the appellate court to reverse the lower court's decision and dismiss the indictment. The brief was filed by pro bono counsel from the John J. Gibbons Fellowship in Public Interest and Constitutional Law at FBT Gibbons.

“Congresswoman McIver was performing lawful and critical oversight duties at Delaney Hall – actions that are completely within her authority to do,” said Amol Sinha, Executive Director of the ACLU of New Jersey. “Elected officials should not be targeted for doing their jobs or for disagreeing with President Trump about critical issues of the moment, including immigration. As the Trump administration attempts to silence opposition through fear, we urge the court to dismiss the charges against Rep. McIver to protect the fundamental pillars of our democracy.”

“The Trump administration has made a reckless habit of abusing federal authority and resources to target Black women in leadership positions, and this prosecution of Representative LaMonica McIver continues that practice,” said Janai Nelson, President and Director-Counsel at the Legal Defense Fund. “Using the power of the executive branch to attack and punish those who carry out their legislative duties of oversight, especially in ICE detention centers where news of inhumane conditions run rampant, is unconstitutionally selective and immoral. We urge the court to dismiss these politically and racially charged charges against Rep. McIver.”

“Beyond the particulars of this case, when the Executive Branch intrudes into the actions of the Legislative Branch, as is the case with regard to the prosecution of Representative McIver – it amounts to an assault on the separation and powers,” said Lawrence S. Lustberg, Partner at FBT Gibbons. “When that happens, the Judicial Branch must, as it has done so often and courageously of late, stand tall and not allow such a fundamental undermining of our system of Government.”

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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