Civil rights groups urge appeals court to dismiss charges against McIver over Delaney Hall oversight visit

Amicus brief filed in Third Circuit argues that the prosecution threatens congressional oversight and separation of powers

The ACLU of New Jersey, joined by the National Women’s Law Center and the NAACP Legal Defense Fund, has filed an amicus brief in the federal appeals court backing U.S. Rep. LaMonica McIver’s effort to dismiss charges stemming from a congressional oversight visit to Delaney Hall, the immigration detention center in Newark.

Filed Friday in the U.S. Court of Appeals for the Third Circuit, the brief asks the court to overturn a lower court ruling that denied McIver’s motion to dismiss the indictment. McIver has argued that she is protected by legislative immunity and that the prosecution amounts to political retaliation tied to her oversight role.

The filing comes as McIver continues to challenge federal charges related to her May 9, 2025 visit to Delaney Hall, the privately run immigration detention facility that has become a flashpoint in New Jersey’s ongoing disputes over immigration enforcement and government oversight.

McIver was indicted on federal assault charges following a visit with other lawmakers. Newark Mayor Ras Baraka was arrested by ICE agents for trespassing, a charge later dropped after it was revealed he was permitted onto the property. Prosecutors allege that during a confrontation while Baraka was being arrested, McIver used her forearm to strike and restrain federal agents. McIver has pleaded not guilty, characterizing the incident and subsequent legal action as politically motivated.

“Congresswoman McIver was performing lawful and critical oversight duties at Delaney Hall – actions that are completely within her authority to do,” Amol Sinha, executive director of the ACLU of New Jersey, said in a statement. “Elected officials should not be targeted for doing their jobs or for disagreeing with President Trump about critical issues of the moment, including immigration.”

“As the Trump administration attempts to silence opposition through fear, we urge the court to dismiss the charges against Rep. McIver to protect the fundamental pillars of our democracy,” Sinha said.

Janai Nelson, president and director-counsel of the Legal Defense Fund, said the prosecution reflects a broader pattern.

“The Trump administration has made a reckless habit of abusing federal authority and resources to target Black women in leadership positions, and this prosecution of Representative LaMonica McIver continues that practice,” Nelson said.

She added that using executive power “to attack and punish those who carry out their legislative duties of oversight, especially in ICE detention centers where news of inhumane conditions run rampant, is unconstitutionally selective and immoral.”

Lawrence Lustberg, a partner at FBT Gibbons, which provided pro bono counsel through the John J. Gibbons Fellowship in Public Interest and Constitutional Law, framed the case as a constitutional separation-of-powers dispute.

“Beyond the particulars of this case, when the Executive Branch intrudes into the actions of the Legislative Branch, as is the case with regard to the prosecution of Representative McIver. It amounts to an assault on the separation and powers,” Lustberg said.