Civil Rights Groups Defend Rep. McIver from Selective Prosecution

LDF, ACLU, and National Women's Law Center file amicus brief in support of congresswoman facing federal charges

Apr. 7, 2026 at 1:25pm

Got story updates? Submit your updates here. ›

A fractured, abstract painting in shades of navy, charcoal, and red depicting a silhouetted figure in motion, conveying a sense of political turmoil and power dynamics.Civil rights groups argue that the prosecution of Rep. McIver is an unconstitutional attack on the separation of powers and her legislative oversight duties.Newark Today

The Legal Defense Fund (LDF), ACLU of New Jersey, and National Women's Law Center have filed an amicus brief in the U.S. 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 to an immigration detention center. The brief argues the charges are politically motivated and unconstitutional, urging the court to dismiss the indictment against Rep. McIver.

Why it matters

This case raises concerns about the Trump administration's alleged pattern of targeting Black women in leadership positions, as well as broader issues around the separation of powers and the ability of elected officials to perform their oversight duties without fear of retaliation.

The details

Rep. McIver appropriately moved to dismiss the charges due to her legislative immunity and because the charges were clearly political retribution, but her motion was denied. The amicus brief argues the lower court's decision should be reversed and the indictment dismissed.

  • The amicus brief was filed on April 6, 2026.

The players

Legal Defense Fund (LDF)

The nation's first civil rights legal organization, founded in 1940 and completely separate from the NAACP since 1957.

ACLU of New Jersey

The New Jersey chapter of the American Civil Liberties Union.

National Women's Law Center

A non-profit organization that has advocated for the rights of women and girls for over 45 years.

U.S. Representative LaMonica McIver

A U.S. congresswoman facing federal charges stemming from a congressional oversight visit to an immigration detention center.

Amol Sinha

Executive Director of the ACLU of New Jersey.

Janai Nelson

President and Director-Counsel at the Legal Defense Fund.

Lawrence S. Lustberg

Partner at FBT Gibbons, the law firm providing pro bono counsel for the amicus brief.

Got photos? Submit your photos here. ›

What they’re saying

“Congresswoman McIver was performing lawful and critical oversight duties at Delaney Hall – actions that are completely within her authority to do. Elected officials should not be targeted for doing their jobs or for disagreeing with President Trump about critical issues of the moment, including immigration. As the Trump administration attempts to silence opposition through fear, we urge the court to dismiss the charges against Rep. McIver to protect the fundamental pillars of our democracy.”

— Amol Sinha, Executive Director of the ACLU of New Jersey

“The Trump administration has made a reckless habit of abusing federal authority and resources to target Black women in leadership positions, and this prosecution of Representative LaMonica McIver continues that practice. Using the power of the executive branch to attack and punish those who carry out their legislative duties of oversight, especially in ICE detention centers where news of inhumane conditions run rampant, is unconstitutionally selective and immoral. We urge the court to dismiss these politically and racially charged charges against Rep. McIver.”

— Janai Nelson, President and Director-Counsel at LDF

“Beyond the particulars of this case, when the Executive Branch intrudes into the actions of the Legislative Branch, as is the case with regard to the prosecution of Representative McIver – it amounts to an assault on the separation and powers. When that happens, the Judicial Branch must, as it has done so often and courageously of late, stand tall and not allow such a fundamental undermining of our system of Government.”

— Lawrence S. Lustberg, Partner at FBT Gibbons

What’s next

The U.S. Court of Appeals for the Third Circuit will decide whether to reverse the lower court's decision and dismiss the indictment against Rep. McIver.

The takeaway

This case highlights concerns about the Trump administration's alleged pattern of targeting Black women in leadership positions, as well as broader issues around the separation of powers and the ability of elected officials to perform their oversight duties without fear of retaliation. The outcome could have significant implications for the balance of power between the executive and legislative branches.