An appeals court has rejected a request by Representative LaMonica McIver to throw out the criminal assault case she is facing.
The judges confirmed that the case can go to court, 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 opens the door for the upcoming trial 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 progresses.