An appeals court has rejected a request by Representative LaMonica McIver to drop the criminal assault case she is facing.
The judges confirmed that the case can proceed to trial, allowing prosecutors to continue 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 paves 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 pause the proceedings.
Government prosecutors intend to seek a trial date as the case progresses.