Judge denies NJ Democrat's bid to dismiss assault charge that stems from ICE facility visit

A federal 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.

“The Court cannot find that Defendant’s alleged conduct was legislative in nature,” Semper wrote in an 8-page ruling. “Her conduct was not tied to potential legislation or any other policy-making purpose.”

McIver has pleaded not guilty to the charges and has accused the federal government of selectively prosecuting her for political reasons. She is expected to appeal Monday's ruling in the 3rd U.S. Circuit Court of Appeals.

The Democrat faces up to 17-years in prison if convicted on all three counts, according to the New Jersey Monitor.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.