An appeals court has rejected a request by Representative LaMonica McIver to throw out the criminal assault case against her.
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, was targeted with legal action 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 stems from an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no justification to stop the proceedings.
Government prosecutors plan to seek a trial date as the case moves forward.