U.S. Rep. LaMonica McIver has formally escalated her legal fight with the federal government, filing a notice of appeal in a closely watched case tied to her oversight of immigration detention facilities in New Jersey. The Newark-based congresswoman, who represents the state’s 10th Congressional District, is seeking review by the U.S. Court of Appeals for the Third Circuit after a federal judge declined to fully dismiss criminal charges stemming from her visit to an Immigration and Customs Enforcement detention center earlier this year.
The appeal centers on legislative immunity, a constitutional protection that lawmakers rely on to conduct oversight and investigations without fear of retaliation. McIver’s legal team argues that the charges brought against her are a direct challenge to Congress’s authority to monitor federal agencies, particularly those operating detention facilities that have drawn repeated scrutiny from civil rights advocates and community leaders across New Jersey.
The case traces back to a May 2025 oversight visit at the Delaney Hall detention center in Newark, where McIver was conducting what her office has described as a lawful congressional inspection of conditions inside the facility. Federal prosecutors later charged the congresswoman in connection with that visit, exposing her to the possibility of significant prison time if convicted. Her defense sought dismissal of the charges, contending that her actions were fully protected under her official duties as a member of Congress. While a federal judge in Newark dismissed some arguments, at least one count remains unresolved, prompting McIver’s decision to move the fight to the appellate level.
In announcing the appeal, McIver emphasized that she views the case as larger than her own legal circumstances. She has framed the prosecution as an attempt to discourage congressional oversight and suppress dissenting voices that challenge federal immigration enforcement practices. Her public statements reflect a broader warning that lawmakers who scrutinize detention facilities could face similar consequences if the charges against her are allowed to stand.
The appeal will now proceed before a panel of Third Circuit judges, a development that could set a precedent for how far legislative immunity extends when members of Congress conduct inspections of federal detention centers. Legal observers note that the outcome could have lasting implications for congressional oversight nationwide, particularly as immigration enforcement remains one of the most contentious policy arenas in Washington and in New Jersey.
Despite the ongoing legal battle, McIver has not retreated from her oversight role. Just last week, she returned to Delaney Hall following the reported death of a detainee, marking her first visit to the facility since charges were filed. Her return underscored her continued focus on detention conditions and accountability, signaling that the legal case has not deterred her from pressing federal agencies for transparency.
The Delaney Hall facility has been the subject of increasing attention from elected officials, advocacy groups, and families of detainees, especially amid growing concerns about medical care, housing conditions, and detainee safety. McIver’s renewed presence at the center highlights the ongoing tension between federal immigration authorities and New Jersey lawmakers who argue that stronger oversight is necessary to protect vulnerable populations.
As the appeal moves forward, the case is expected to draw significant attention across the state and beyond, both for its legal ramifications and for what it represents in the national debate over immigration enforcement, congressional authority, and accountability. Coverage and analysis related to this and other policy developments impacting New Jersey can be found through Sunset Daily’s ongoing reporting in the politics section.
For now, McIver remains firm in her stance, making it clear that she intends to continue visiting detention facilities, advocating for detainees, and challenging federal actions she believes undermine both community safety and the constitutional role of Congress.
