Judge Denies McIver’s Motion to Dismiss Oversight-Related Charge

A federal judge on Friday denied Congresswoman LaMonica McIver’s (NJ-10) motion to dismiss Count 2 of the indictment related to her May 2025 oversight visit to the Delaney Hall ICE detention facility in Newark.

McIver, whose district includes parts of Jersey City, argued that the charge should be dropped under the protections of legislative immunity. The court, however, found that the doctrine did not apply in this case.

In a statement, McIver said she was disappointed by the ruling and reiterated the necessity of in-person oversight at detention centers. “Legislative oversight of an ICE detention facility like Delaney Hall can’t be done from behind a desk—it is my responsibility to visit it, inspect it, and hold those running it accountable for any abuses,” said McIver.

She added, “I’m disappointed by today’s ruling, and remain very concerned about the Trump administration’s efforts to criminalize legislative oversight and operate in the shadows.”

McIver returned to Delaney Hall last month for the first time since charges were filed, following the reported death of a detainee. According to her office, the visit was part of her ongoing oversight responsibilities.

“This work is Congress’s job—it’s not ambiguous and it shouldn’t be up for debate. I will keep standing up to protect our communities,” McIver said.