NJ Democrat congresswoman to ask court Tuesday to drop charges she assaulted agents at ICE facility

New Jersey Democratic Rep. LaMonica McIver will ask the court on Tuesday to dismiss assault charges against her regarding a clash with U.S. Immigration and Customs Enforcement agents.

McIver is accused of three counts of assaulting or impeding federal agents in connection with an incident outside a Newark immigration center in May, according to Politico. She faces up to 17 years in prison, if convicted at a scheduled trial next month.

She argues the Justice Department's case against her should be thrown out on grounds of selective and vindictive prosecution by President Trump and his administration.  

McIver's lawyers have also filed to have the case thrown out on grounds of “legislative immunity” – that members of Congress should have broad legal protection as they carry out oversight duties. 

A rally is expected outside the courthouse before the hearing, according to local news outlet PIX11. 

The incident occurred outside the Delaney Hall detention center. McIver has pleaded not guilty to the charges.

Among those with McIver when the incident occurred was Newark Mayor Ras Baraka, who was also arrested, but his charges were later dismissed.