An appeals court has dismissed a request by Representative LaMonica McIver to dismiss the criminal assault case she is facing.
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 clears the way 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 pause the proceedings.
Government prosecutors intend to seek a trial date as the case progresses.