An appeals court has dismissed a request by Representative LaMonica McIver to throw out the criminal assault case against her.
The judges ruled that the case can go to court, allowing prosecutors to advance 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 arises from 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 moves forward.