An appeals court has turned down a request by Representative LaMonica McIver to throw out the criminal assault case she is facing.
The judges confirmed that the case can go to court, allowing prosecutors to move forward with the legal action.
McIver, a Democratic lawmaker from New Jersey, was charged under the Trump administration following an alleged clash with ICE officers at Delaney Hall.
The latest ruling opens the door for the legal proceedings to proceed.
The charge arises from an alleged assault on a federal officer.
She has denied the allegations to the charge.
The court found no justification to pause the proceedings.
Government prosecutors intend to seek a trial date as the case progresses.