United States v. McIver

Amicus brief arguing that the Indictment against Congresswoman LaMonica McIver stemming from her oversight visit to an immigration detention center in Newark should be dismissed and the decision below reversed because she is entitled to legislative immunity and the charges represent improper political retribution.

The ACLU of New Jersey, along with the National Women’s Law Center and the NAACP Legal Defense & Educational Fund, Inc., filed an amicus brief in the United States Court of Appeals for the Third Circuit in support of U.S. Representative LaMonica McIver, who is facing federal charges stemming from a congressional oversight visit of Delaney Hall, an immigration detention center in Newark. Rep. McIver appropriately moved to dismiss the charges due to her legislative immunity and because the charges were clearly selective and politically motivated, but her motion was denied. The brief urges the appellate court to reverse the lower court's decision and dismiss the indictment. Prosecutions like this one that target legislators engaged in oversight undermine the separation of powers essential to our constitutional structure.