Facing 17 years in prison and pregnant, NJ Congresswoman LaMonica McIver fights federal charges tied to ICE oversight visit 

By Ashlee Banks
Special to the AFRO

U.S. Rep. LaMonica McIver (D-N.J.-10) is scheduled to appear before the Third Circuit Court of Appeals on June 23, 2026, to appeal a federal judge’s refusal to dismiss criminal charges against her.

The case follows a May 2025 incident at Delaney Hall, an immigration detention center in Newark, where the Department of Justice alleges McIver “forcibly impeded and interfered” with federal officers during an oversight visit.

The legal proceedings coincide with McIver’s announcement that she is 17 weeks pregnant with her second child. She faces up to 17 years behind bars if convicted. 

In a statement following her pregnancy announcement, McIver noted that the case will not deter her from her official duties or her personal life.

“I will keep fighting against the administration’s cruel agenda and for a better world,” wrote the Democratic lawmaker. “That’s what moms do for our babies, and it is what I have always done for my community.” 

U.S. Rep. Gabe Amo (D-R.I.-01) told the AFRO that the charges against the congresswoman are “beyond ridiculous.”

“She was merely exercising her role, responsibility and duty of presenting congressional oversight,” said Amo. “Once again, we see one of my Black women colleagues addressed by this administration, addressed by our system with the type of inequity that they have historically faced and I find unacceptable.”

Meanwhile, U.S. Rep. Byron Donalds (R-Fla.-19) told the AFRO that the validity of the charges remains a matter for the judiciary.

“It’s up to the court of law to decide ,” said the Republican lawmaker. “We’ll see what happens.”

McIver has maintained her innocence, saying her actions were part of her constitutional oversight responsibilities. In recent statements and media profiles, she has claimed a lack of institutional support from the Democratic Party throughout the legal process. According to McIver, national party organizations, including the Democratic National Committee (DNC) and the Democratic Congressional Campaign Committee (DCCC) did not have a system in place to assist a member of Congress facing criminal charges for work-related activities.

Rep. Amo said this is why he and many of his Democratic colleagues have “rallied” around the congresswoman.

“It’s important that we make sure we provide her with all of the support that she needs at this juncture,” said the Rhode Island lawmaker. “We’ll have to ultimately win at the ballot box for the long term but, in the short term we have to do everything we can to protect ‘a fighter for justice,’ that we have in LaMonica McIver.”  

House ethics rules prohibit members of Congress from accepting pro bono legal services for such cases. Consequently, McIver is responsible for legal fees that are expected to exceed $1 million. 

Despite the legal and personal pressure, McIver has continued her legislative work for New Jersey’s 10th District. In February, she announced the securing of over $10 million in federal Community Project Funding for her district, including $1.6 million for fire department equipment and $1 million for youth innovation programs.

The upcoming appeal will focus on the Speech or Debate Clause found in Article I, Section 6, Clause 1 of the U.S. Constitution. The statute shields lawmakers from prosecution for legislative acts. The charges, filed by then-interim U.S. Attorney Alina Habba, represent a rare effort to prosecute a sitting member for conduct during an oversight visit. The Third Circuit’s decision will determine if the case proceeds to trial or if the indictment is dismissed, a ruling that will shape both McIver’s political future and the legal protections afforded to members of Congress performing oversight of the executive branch.

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