An appeals court has rejected 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 continue 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 is rooted in an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no legal basis to halt the proceedings.
Government prosecutors plan to seek a trial date as the case progresses.