An appeals court has turned down a request by Representative LaMonica McIver to drop the criminal assault case against her.
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 opens the door for the upcoming trial to proceed.
The charge stems from an alleged assault on a federal officer.
She has pleaded not guilty to the charge.
The court found no legal basis to stop the proceedings.
Government prosecutors intend to seek a trial date as the case moves forward.