McIver Files Third Circuit Brief Asking for ICE Case to be Dismissed

NEWARK, N.J. - Today, Congresswoman LaMonica McIver (NJ-10) and her legal counsel filed a brief in support of her appeal with the Third Circuit Court of Appeals in Philadelphia. The brief focuses on major constitutional questions around legislative immunity as McIver continues to fight to protect her constitutional and statutory authority to oversee Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), and the rest of the executive branch.

McIver is appealing the decisions by the district court, declining to dismiss the case that was filed against her by then-interim U.S. Attorney, and Donald Trump's former personal lawyer, Alina Habba.

The brief filed today argues that the Trump Department of Justice cannot prosecute McIver for doing her job, nor can it selectively prosecute her because of her opposition to the administration's mass deportation agenda. The brief also details the lies peddled by DHS in press releases and social media posts that falsely describe McIver's actions on May 9.

"As the brief clearly lays out and as I have demonstrated from the beginning, I went to Delaney Hall to do my job. ICE interfered with that work, and then DHS lied about why I was there. They have continued to lie about this case at every turn, but their lies will not deter me-I will keep fighting to expose how this administration is hurting people," said McIver. "I am not backing down, even as this administration tries to intimidate me. The people of New Jersey are entitled to vigorous representation. Donald Trump will not take that away."

McIver and counsel filed the brief Monday evening. The government now has 30 days to respond. Amicus briefs in support of McIver are due April 6th.

The politically motivated charges against McIver stem from a May 2025 oversight visit McIver conducted of an ICE detention center in her district. She is the only member of Congress under indictment by the Trump Department of Justice for performing constitutionally protected oversight of ICE and faces up to 17 years in federal prison.

The full text of McIver's opening brief is available here.