An appeals court has turned down a request by Representative LaMonica McIver to dismiss the criminal assault case against her.
The judges confirmed that the case can proceed to trial, allowing prosecutors to advance 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 legal proceedings to proceed.
The charge arises from an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no legal basis to pause the proceedings.
Government prosecutors intend to seek a trial date as the case moves forward.