An appeals court has dismissed 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 continue 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 upcoming trial to proceed.
The charge is rooted in an alleged assault on a federal officer.
She has maintained her innocence to the charge.
The court found no legal basis to stop the proceedings.
Government prosecutors plan to seek a trial date as the case progresses.