An appeals court has rejected a request by Representative LaMonica McIver to drop the criminal assault case she is facing.
The judges ruled 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 opens the door for the legal proceedings to proceed.
The charge stems from an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no valid reason to halt the proceedings.
Government prosecutors plan to seek a trial date as the case progresses.