A federal appeals court has declined to dismiss criminal charges against a sitting US congresswoman who visited an immigration facility as part of congressional oversight.

LaMonica McIver, a Democrat who represents New Jersey’s 10th congressional district, was charged with interfering with an arrest in May 2025 outside Delaney Hall, an immigration detention facility that has drawn protests over poor conditions inside.

Criticizing a decision that she said “emboldens” Donald Trump’s officials to pursue people who seek to hold the administration accountable, McIver said she would “not fold” to pressure.

McIver has pleaded not guilty and argued she is immune from prosecution under the US constitution’s speech and debate clause because she was doing her job. She has argued that she has been selectively prosecuted by the Trump administration, and sought to have the case thrown out.

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