Congresswoman McIver represents New Jersey's 10th Congressional District in the United States House of Representatives and serves on the Committee on Homeland Security.
asserted
McIver → represent → Security
On May 9, 2025, Congresswoman McIver and two other Representatives conducted an unannounced congressional oversight inspection of Delaney Hall Federal Immigration Facility, pursuant to statutory authority….
uncertain
McIver → conduct → authority
Upon arrival, Congresswoman McIver and the other Representatives entered through the security gate into the secured exterior area of the facility.
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McIver → enter → facility
They proceeded inside Delaney Hall and waited for over an hour in the facility's administrative office.
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They → proceed → office
During that time, Newark Mayor Ras Baraka and his security detail arrived at Delaney Hall and they were allowed through the security gate into the secure exterior premises of the facility.
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they → arrive → facility
Meanwhile, dozens of protestors and media members had amassed outside the security gate.
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dozens → amass → gate
{We draw these facts from the Indictment, from evidence in the record, and as set forth by the District Court in its opinions.
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We → draw → opinions
We accept as true the facts alleged in the Indictment for purposes of considering a motion to dismiss.
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We → accept → motion
Neither party challenges the facts as set forth by the District Court.}
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party → challenge → Court
The Homeland Security Investigations ("HSI") Special Agent in Charge in New Jersey (referred to in the Indictment and by the District Court as "Victim-1" or "V-1") approached the Mayor inside the security gate and advised him that he was not allowed on the premises, ordered him to leave, and told him he would be arrested if he did not comply.
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he → refer → him
At that time, Congresswoman McIver and the two other Representatives left the administrative office and walked toward the security gate, where the Mayor was speaking with Victim-1. Victim-1 directed the Mayor and his security detail outside of the Security Gate to the unsecured area outside the facility, and Congresswoman McIver and the two Representatives began to walk back towards the administrative office.
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McIver → leave → office
Moments later, Victim-1 informed a group of federal agents that the United States Deputy Attorney General had authorized the Mayor's arrest, and the agents exited the secured premises and approached the Mayor and his security detail.
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agents → inform → Mayor
Upon observing this, the Congressional delegation also proceeded into the unsecured area.
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delegation → observe → area
An unidentified member of the crowd yelled, "circle the Mayor," and some protesters, as well as Congresswoman McIver and the two Representatives, encircled the Mayor as Victim-1 and the other agents pushed their way through the crowd to apprehend him.
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protesters → yell → him
Video surveillance shows Congresswoman McIver placing herself between the Mayor and Victim-1.
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McIver → show → Mayor
The Indictment states that Congresswoman McIver then "slammed her forearm into the body of V-1" and "reached out and tried to restrain V-1 by forcibly grabbing him."
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McIver → state → him
Victim-1 then handcuffed the Mayor and led him toward the security gate through a dense group of protesters.
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Victim-1 → handcuff → protesters
In the meantime, Congresswoman McIver and one of the Representatives also moved towards Delaney Hall to reenter the secured area.
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McIver → move → area
The Indictment then describes Congresswoman McIver as "push[ing] past" an ICE Deportation Officer (referred to in the Indictment and by the District Court as "Victim-2" or "V-2") while "using each of her forearms to forcibly strike V-2."
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Indictment → describe → V-2
Congresswoman McIver was able to reenter the secured area shortly thereafter, and she and the other two Representatives then entered the facility and conducted their oversight inspection.
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she → reenter → inspection
The government charged that McIver "did forcibly assault, resist, oppose, impede, intimidate, and interfere" with a federal official or officials while the official(s) were "engaged in and on account of the performance of their official duties."
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official(s → charge → duties
The actus reus alleged in Count One was that Congresswoman McIver "slammed her forearm" into V-1 and tried to restrain him by "forcibly grabbing him."
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McIver → allege → him
The actus reus alleged in Count Two was that Congresswoman McIver "pushed past V-2 while using each of her forearms to forcibly strike V-2 as she returned inside of the secured area of Delaney Hall.
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she → allege → Hall
Count Three did not allege a separate actus reus committed by Congresswoman McIver against a specific victim; rather, Count Three relied upon the prefatory paragraphs and charged Congresswoman McIver with forcibly assaulting, resisting, opposing, impeding, intimidating, and interfering with "HSI Special Agents and ICE Deportation Officers while said Special Agents and Officers were engaged in and on account of the performance of their official duties."
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Agents → allege → duties
At Oral Argument, the Government stated that the charged conduct in Count Three encompassed "essentially all" of Congresswoman McIver's "efforts to hinder, impede the arrest of the Mayor," including those efforts that "started even inside the gate."
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that → state → gate
The court held that the indictment didn't violate the Speech or Debate Clause:
The Speech or Debate Clause provides that "for any Speech or Debate in either House," Members of Congress "shall not be questioned in any other Place."
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Members → hold → Place
The "central role" of the Speech or Debate Clause is "to prevent intimidation of legislators by the Executive and accountability before a possibly hostile judiciary."
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role → prevent → judiciary
The Clause's protection extends beyond literal speech and debate on the floor to protect any "legislative activity" performed by a member of Congress….
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protection → extend → Congress
The key inquiry is whether the act is " 'an integral part of the deliberative and communicative processes by which Members participate in committee and House proceedings.'
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Members → participate → proceedings
"
The Speech or Debate Clause does not provide a blanket protection over "all things in any way related to the legislative process."
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Clause → provide → process
It does not extend to "political matters," for example, nor does it cover activities like "'errands' performed for constituents [and] the making of appointments with Government agencies."
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it → extend → agencies
"[I]llegitimate activities such as accepting bribes in exchange for taking official action" also fall outside the scope of the Clause's protection, "[e]ven if these non-legislative acts involve policy or relate to protected legislative activity."
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acts → accept → activity
On the other hand, "investigative activities by lawmakers are protected by legislative immunity," because "legislative fact-finding" and the "power to investigate" are "integral part[s] of the legislative process."
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finding → protect → process
Instead, to determine whether her conduct was legislative, we focus "on the nature of the act."
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we → determine → act
Any conduct Congresswoman McIver took that was investigative in nature was legislative, whether that conduct took place inside Delaney Hall or directly outside of it.
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conduct → take → it
Still, the nature of the conduct charged in Count One is non-legislative.
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nature → charge → Count
Congresswoman McIver's physical contact with Victim-1 was not "integral" to the "deliberative and communicative processes by which Members participate in committee and House proceedings"—namely, to her inspection of Delaney Hall.
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Members → participate → Hall
This conclusion would hold regardless of whether Congresswoman McIver had physical contact with Victim-1 inside Delaney Hall or outside of it, just as the Speech or Debate Clause protects Congresswoman McIver's legitimate legislative fact-finding, whether such fact-finding occurs on or off the facility's property….
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finding → hold → property
[Likewise,] the acts of pushing past and forcibly striking someone are unambiguously non-legislative: they are not integral to the legislative process….
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they → push → process
Congresswoman McIver further asserts that, per Section 527 [of the Federal Consolidated Appropriations Act], the act of entering a DHS facility "for the purpose of conducting oversight" is legislative in nature.
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act → assert → nature
…and 31 more, not listed.
The Aporia
