An appeals court has rejected a request by Representative LaMonica McIver to dismiss the criminal assault case against her.
The judges stated that the case can proceed to trial, allowing prosecutors to move forward with the legal action.
McIver, a Democratic lawmaker from New Jersey, faced prosecution under the Trump administration following an alleged clash with ICE officers at Delaney Hall.
The latest ruling clears the way for the legal proceedings to proceed.
The charge arises from an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no justification to pause the proceedings.
Government prosecutors are continuing to seek a trial date as the case moves forward.