The panel vacated the district court’s ruling on Count Three, which generally accuses McIver of interfering with federal officers, and returned the issue to the trial court for additional consideration.

Unlike the first two counts, Count Three does not focus on a single, clearly defined physical act. The appeals court said the trial judge must determine whether any of the conduct covered by that charge constituted protected legislative activity and, if so, whether that protected conduct can be separated from the remaining allegations.

The panel also dismissed McIver’s claims that she was the target of selective or vindictive prosecution, concluding that the appeals court lacked jurisdiction to consider those arguments at this stage of the proceedings.

U.S. District Judge Thomas Ambro, a Clinton nominee, partially dissented from the majority’s decision.

Ambro argued that the conduct underlying Count Two could potentially be interpreted as incidental physical contact that occurred while McIver was attempting to re-enter the detention facility to continue what she maintains was an authorized congressional inspection.

The ruling sends the case back to the lower court, where prosecutors can continue pursuing Counts One and Two while the scope and viability of Count Three receive further review.

The charges against McIver stem from a May 2025 confrontation at Delaney Hall, a privately operated immigration detention facility in Newark used by U.S. Immigration and Customs Enforcement.

McIver, a member of the House Homeland Security Committee, arrived at the facility with fellow Democratic New Jersey Reps. Rob Menendez and Bonnie Watson Coleman for an unannounced congressional inspection.

Newark Mayor Ras Baraka subsequently arrived at the facility but was denied entry, setting the stage for the confrontation that ultimately resulted in McIver’s indictment.

According to the June 10, 2025, indictment, McIver positioned herself between Baraka and a Homeland Security Investigations special agent as federal officers moved to arrest the mayor outside the facility’s gate.

Prosecutors allege McIver slammed her forearm into the agent and grabbed him during the encounter.