An appeals court has rejected a request by Representative LaMonica McIver to drop the criminal assault case against her.
The judges confirmed that the case can proceed to trial, allowing prosecutors to advance the legal action.
McIver, a Democratic lawmaker from New Jersey, was charged 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 is rooted in an alleged assault on a federal officer.
She has maintained her innocence to the charge.
The court found no justification to halt the proceedings.
Government prosecutors are continuing to seek a trial date as the case moves forward.