McIver Moves For Appeal To Be Heard En Banc By Third Circuit, Refuses to Back Down

NEWARK, NJ - Today, Congresswoman LaMonica McIver (NJ-10) and her legal counsel filed a brief requesting that the full U.S. Court of Appeals for the Third Circuit hear her case en banc.

The appeal highlights major constitutional problems with the charges the Trump Department of Justice (DOJ) brought against McIver arising out of her May 2025 oversight inspection of Delaney Hall, ICE detention facility in her district. This move for hearing en banc comes after a divided panel of three Third Circuit judges refused to dismiss the case against McIver in August.

By appealing, McIver continues her fight to protect her constitutional and statutory authority to oversee ICE, the Department of Homeland Security (DHS), and the rest of the executive branch. The full text of the brief can be found here.

"As I have said since last May, oversight is my job. I am pursuing this step in no small part because every single day since last May, we have seen only more terror surrounding Delaney Hall-from brutality outside of its gates to retribution behind its walls and horror stories from the detainees I've spoken with on my many visits. What's happening here and in ICE facilities nationwide only further proves why members of Congress need to be able to do this critical oversight work to protect people-work that Trump's administration wants to stop by locking me in prison for 17 years," said McIver. "Members of Congress have a right to do oversight even, and especially, when the administration does not like what they find. I will fight like hell to protect that right. I will continue to oppose these baseless charges and this intimidation, and I will keep doing my job, not without fear, but in spite of it."

Paul J. Fishman, counsel to McIver, added context about the stakes of the case and the court's August ruling on the same issues.

"This case is about whether the Executive Branch can interfere with and try to intimidate members of Congress who are doing the oversight the Constitution requires of them. Congresswoman McIver has been incredibly brave in taking on a fight against an administration that targeted lawmakers and others for speaking out when they see abuses," said Fishman. "The executive branch should not and cannot be allowed to use its power over criminal prosecutions to retaliate against those it would like to silence."

The charges against McIver stem from an oversight visit she conducted at Delaney Hall, a controversial ICE detention center in her district, in May, 2025. She is the only member of Congress under indictment by the Trump DOJ for performing constitutionally protected oversight of ICE and, if convicted, faces up to 17 years in federal prison.

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