A federal appeals judge ruled Wednesday against dismissing charges accusing Rep. LaMonica McIver of assaulting, resisting, impeding and interfering with federal officials while on site at the Delaney Hall Detention Facility in September. File Photo by Derek French/UPI | License Photo

Aug. 27 (UPI) -- A divided federal appeals court has ruled that Rep. LaMonica McIver is not immune from prosecution on charges stemming from a confrontation with Immigration and Customs Enforcement agents outside a federal immigration detention facility in 2025.

The New Jersey Democrat was charged with three federal counts of impeding and interfering with federal immigration officers over alleged conduct on May 9, 2025, as they were attempting to arrest Newark Mayor Ras Baraka during an unannounced congressional oversight inspection of Delaney Hall Federal Immigration Facility.

McIver denies the allegations and has sought their dismissal.

The U.S. Court of Appeals for the Third Circuit ruled 2-1 Wednesday that two of the three charges against McIver may proceed to trial, while the third was sent back to a lower court for reconsideration.