An appeals court has rejected a request by Representative LaMonica McIver to dismiss the criminal assault case she is facing.
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, was charged under the Trump administration following an alleged clash with ICE officers at Delaney Hall.
The latest ruling clears the way for the upcoming trial to proceed.
The charge stems from an alleged assault on a federal officer.
She has denied the allegations to the charge.
The court found no justification to stop the proceedings.
Government prosecutors intend to seek a trial date as the case progresses.