An appeals court has dismissed a request by Representative LaMonica McIver to dismiss the criminal assault case against her.
The judges ruled that the case can go to court, allowing prosecutors to move forward with the legal action.
McIver, a Democratic lawmaker from New Jersey, faced prosecution 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 maintained her innocence to the charge.
The court found no legal basis to halt the proceedings.
Government prosecutors plan to seek a trial date as the case moves forward.