An appeals court has rejected 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 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 upcoming trial to proceed.
The charge is rooted in an alleged assault on a federal officer.
She has maintained her innocence to the charge.
The court found no justification to pause the proceedings.
Government prosecutors plan to seek a trial date as the case moves forward.