An appeals court has rejected a request by Representative LaMonica McIver to throw out the criminal assault case against her.
The judges stated that the case can go to court, allowing prosecutors to move forward with 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 is rooted in an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no valid reason to halt the proceedings.
Government prosecutors are continuing to seek a trial date as the case moves forward.