NEWARK, NJ – Today, a divided panel of judges for the United States Court of Appeals for the Third Circuit largely sided with a New Jersey district court and refused to dismiss the Trump administration’s case against Rep. LaMonica McIver (NJ-10).

McIver and her counsel have argued that the Constitution prohibits her prosecution because she is immune for acts related to her duties as a member of Congress and because the Department of Justice’s decision to charge her was selective and vindictive. McIver is the only member of Congress under indictment by the Trump Department of Justice (DOJ). If convicted, she faces up to 17 years in prison.

“I fundamentally believe that the court got it wrong here. To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation,” said McIver. “Today’s decision chills that authority and emboldens the Trump administration to continue persecuting our most vulnerable communities, those who try to defend them, and anyone who dares hold the president or his lackeys accountable. I will not fold to this administration. We are exploring every possible option. The administration will not stop me from doing my job or standing for what is right. This is not over.”

In a dissenting opinion to the Third Circuit’s decision, Judge Thomas L. Ambro wrote:

“The Constitution does not permit the Executive to wield its considerable discretion over criminal prosecutions in retaliation against disfavored legislators...the majority’s comparison misses a step. When an Executive Branch official prevents a Member from entering a DHS facility, she is denied effective access to an oversight inspection.”

Paul J. Fishman, McIver’s attorney, issued the following statement:

“While the court clearly gave our arguments thoughtful consideration, we are disappointed by and disagree with the decision. As we argued before the court, it is too dangerous if the Departments of Justice and Homeland Security are able to thwart members of Congress from inspecting an ICE detention facility, create chaos, and then prosecute those members and pretend it was their fault. The goal of the administration is clear: chill members of Congress from overseeing the actions of the Trump administration. As Judge Ambro noted in his dissenting opinion, ‘the Constitution does not permit the Executive to wield its considerable discretion over criminal prosecutions in retaliation against disfavored legislators.’ We agree and are evaluating all possible next steps.”

Hanna Rumsey, a spokesperson for McIver, added:

“Congresswoman LaMonica McIver is innocent and we are confident that any jury will agree. But there should never have been an indictment at all, much less a trial. Congresswoman McIver was doing her job at Delaney Hall, and for that she has been targeted, burdened with wildly expensive and time-consuming litigation, and is facing the threat of 17 years in prison. The administration is using criminal charges to go after political opponents who dare conduct oversight of their activities—that is what was at stake in this appeal. Congresswoman McIver was first, but she will not be the last, and these protections are more critical than ever.”

The Third Circuit heard oral argument on the motions made by McIver and her defense team on June 24, 2026. The charges stem from a confrontation, instigated by the Department of Homeland Security, at the controversial Newark detention center Delaney Hall. McIver had been conducting legally authorized and protected oversight of the facility and thus should be protected by legislative immunity prerogatives from persecution.

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