On August 26, 2026, a federal prosecution against Congresswoman McIver, representing New Jersey's 10th Congressional District, was permitted to continue. The charges stem from an incident on May 9, 2025, when McIver and two other Representatives conducted an unannounced congressional oversight inspection at Delaney Hall Federal Immigration Facility.

According to court documents and the indictment, McIver forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with Homeland Security Investigations (HSI) Special Agents and ICE Deportation Officers while they were performing their official duties. The government stated that these actions included efforts to hinder and impede the arrest of Newark Mayor Ras Baraka, which began inside the facility's security gate.

The court opinion, authored by Third Circuit Judge Cindy Chung and joined by Judge Stephanos Bibas, clarified that while the Speech or Debate Clause protects legislative activities, it does not provide blanket immunity for all actions related to the legislative process. Specifically, McIver's conduct—pushing past and forcibly striking an ICE officer with her forearms—was deemed non-legislative and thus not protected by legislative immunity.

Section 527 of the relevant appropriations act allows members of Congress to enter detention facilities for oversight purposes, but the charges do not relate to McIver's entry into Delaney Hall. Instead, they focus on her physical actions against federal officers during the inspection.

The prosecution highlights the tension between congressional oversight rights and the enforcement duties of federal immigration officers. The case continues to unfold in the United States judicial system.

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