The federal judge overseeing the prosecution of Congresswoman LaMonica McIver (D-10) today denied her motion to dismiss Count 2 of the indictment. Despite the fact that the case centers around McIver’s legally authorized congressional oversight visit to an ICE detention facility in her district in May 2025, the judge held that legislative immunity did not apply. McIver made the following statement in response to the court’s opinion:

“Legislative oversight of an ICE detention facility like Delaney Hall can’t be done from behind a desk—it is my responsibility to visit it, inspect it, and hold those running it accountable for any abuses. I’m disappointed by today’s ruling, and remain very concerned about the Trump administration’s efforts to criminalize legislative oversight and operate in the shadows,” said McIver. “Oversight helps prevent the administration from abusing people and violating their rights; when abuses do occur, oversight exposes them. This work is Congress’s job—it’s not ambiguous and it shouldn’t be up for debate. I will keep standing up to protect our communities.”

Last month, McIver returned to the Delaney Hall detention center for an oversight visit after a detainee at the facility died. This was her first time returning to Delaney Hall since charges were brought against her for her earlier oversight visit in May.