NEWARK, NJ — October 10, 2026 — New Jersey Democratic Congresswoman LaMonica McIver is continuing her legal battle against federal criminal charges stemming from a confrontation with immigration officers outside the Delaney Hall detention facility in Newark.
On October 9, McIver and her legal team formally requested that the full U.S. Court of Appeals for the Third Circuit reconsider a previous ruling that allowed two federal assault charges against her to proceed.
What Happened at Delaney Hall?
The case dates back to May 9, 2025, when McIver and two other members of Congress visited Delaney Hall as part of an oversight inspection of the federal immigration detention facility.
During the visit, Newark Mayor Ras Baraka was arrested following a confrontation involving federal immigration officers.
Federal prosecutors allege that McIver physically interfered with officers attempting to arrest Baraka. She was subsequently charged with assaulting, resisting, or impeding federal officers.
McIver has denied wrongdoing, maintaining that she was performing her official congressional duties and exercising her authority to inspect the facility.
Appeals Court Rejects Part of Her Immunity Argument
On August 26, 2026, a divided three-judge panel of the Third Circuit ruled that congressional immunity under the Constitution’s Speech or Debate Clause did not protect McIver from prosecution on two of the three charges.
The judges concluded that the specific physical actions alleged in those two counts did not qualify as protected legislative activities.
However, the court returned the third charge to a lower court for further examination of whether it involved conduct protected by congressional immunity.
The decision allowed the prosecution to move forward on two counts but did not determine McIver’s guilt.
McIver Requests a New Review
In her October 9 filing, McIver requested an en banc hearing, asking the full appeals court to reconsider the case rather than leaving the decision to the original three-judge panel.
Her legal team argues that the prosecution raises significant constitutional questions involving congressional oversight authority and the separation of powers.
McIver has also maintained that the charges are politically motivated, an allegation disputed by the federal government’s position in pursuing the case.
What Happens Next?
The Third Circuit must decide whether to grant McIver’s request for a rehearing. Such reviews are not automatic.
If the existing ruling remains in place, the two charges upheld by the appeals panel can proceed toward trial, while the third remains subject to additional review by the district court.
The case continues to raise questions about the boundaries of congressional oversight, legislative immunity, and the authority of federal law enforcement officers.
McIver has pleaded not guilty, and no determination of guilt has been made.
- U.S. Court of Appeals for the Third Circuit — United States v. LaMonica McIver, August 26, 2026.
- Office of Congresswoman LaMonica McIver — Official Statement, October 9, 2026.
- New Jersey Monitor — August 26, 2026.
- The Guardian — October 6, 2026.
By NJ RADAR Team