An appeals court has rejected a request by Representative LaMonica McIver to dismiss the criminal assault case against her.
The judges confirmed that the case can go to court, 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 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 intend to seek a trial date as the case moves forward.