An appeals court has turned down a request by Representative LaMonica McIver to drop the criminal assault case against her.
The judges confirmed that the case can go to court, allowing prosecutors to advance 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 opens the door for the legal proceedings to proceed.
The charge arises from an alleged assault on a federal officer.
She has denied the allegations to the charge.
The court found no justification to stop the proceedings.
Government prosecutors are continuing to seek a trial date as the case moves forward.