PolicyBrief
H.RES. 439
119th CongressMay 21st 2025
Providing for the expulsion of Representative LaMonica McIver from the United States House of Representatives.
IN COMMITTEE

This resolution formally initiates the expulsion of Representative LaMonica McIver from the U.S. House of Representatives due to alleged physical assault and interference with federal law enforcement officers.

Nancy Mace
R

Nancy Mace

Representative

SC-1

LEGISLATION

House Resolution Seeks Immediate Expulsion of Rep. McIver Over Alleged Physical Assault of Federal Officers

This resolution is short and blunt: it aims to immediately expel Representative LaMonica McIver from the U.S. House of Representatives. The action is based on serious allegations that the Representative physically interfered with and assaulted federal law enforcement officers (Homeland Security Investigations and ICE) at a New Jersey federal facility on May 9, 2025.

The Allegations: When Policy Meets the Physical

According to the resolution, the core issue is an alleged physical confrontation. While federal officers were attempting to lawfully arrest an unauthorized person at the Delaney Hall Federal Immigration Facility, Representative McIver allegedly intervened. The text claims she “forcefully” slammed her forearm into one Homeland Security Special Agent and later pushed and struck an Immigration and Customs Enforcement Deportation Officer with both forearms. The resolution asserts this conduct is captured on body camera video, calling the evidence “undisputable.” This alleged action is a violation of federal law—specifically, Title 18, United States Code, Section 111(a)(1), which covers forcibly assaulting, resisting, or impeding federal officers. The Department of Justice has already charged her with two counts related to this interference.

The Real-World Impact of an Expulsion

When Congress decides to expel a member, it’s not just a slap on the wrist; it’s the immediate termination of their job. Under Article I, Section 5, Clause 2 of the Constitution, the House has the power to police its own. The resolution argues that forcibly assaulting federal officers, which is a felony charge, violates the standards of conduct required of members and makes her “unfit” to serve. For the constituents in Rep. McIver’s district, this means their elected representative is instantly removed from office. This triggers a special election process, leaving the district without full representation until a new member is sworn in. That’s a significant gap in having a voice on Capitol Hill, especially when major legislation is moving.

Setting a Precedent Before Conviction

What makes this move particularly notable is that the expulsion is based on criminal charges and allegations, not a final conviction. The resolution specifically cites the December 2023 expulsion of former Representative George Santos, who was also expelled based on criminal charges before his case was resolved in court, arguing that this sets the necessary precedent. While the alleged conduct—physically interfering with federal agents—is extremely serious and the resolution relies on bodycam evidence, acting on charges rather than a conviction raises questions about the balance between Congress’s power to enforce its standards and the due process rights of an elected official. It essentially means the House is making a judgment on the facts of a criminal case before the judicial system gets its final say. For federal law enforcement, however, this resolution sends a clear message that Congress will not tolerate physical interference with agents carrying out their duties.