An appeals court has rejected a request by Representative LaMonica McIver to throw out the criminal assault case she is facing.
The judges stated that the case can go to court, allowing prosecutors to continue 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 denied the allegations to the charge.
The court found no valid reason to pause the proceedings.
Government prosecutors plan to seek a trial date as the case progresses.