Providing for the expulsion of Representative LaMonica McIver from the United States House of Representatives.

Bill Number

H.Res. 439

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Congress

Status

Introduced

Latest Action

2025-05-21: Referred to the House Committee on Ethics.

Last Updated

2025-05-28T12:41:08Z

AI-Generated Summary

Purpose

This resolution (H. Res. 439) aims to expel Representative LaMonica McIver from the United States House of Representatives due to allegations of her assaulting federal law enforcement officers while interfering with an arrest at a federal immigration facility. It invokes the House's constitutional authority to discipline its members for conduct that violates federal law and House rules.

Key Provisions

• Background Allegations: Details an incident on May 9, 2025, at Delaney Hall Federal Immigration Facility in New Jersey, where Rep. McIver allegedly entered a secure area without authorization, attempted to block the arrest of another unauthorized entrant, and physically assaulted two federal officers (a Homeland Security Investigations Special Agent and an Immigration and Customs Enforcement Deportation Officer). These actions were captured on body camera video.
• Legal Violations: Cites clear evidence of Rep. McIver violating 18 U.S.C. § 111(a)(1), a federal law prohibiting assaulting, resisting, or interfering with federal officers performing their duties. Notes that the Department of Justice has charged her with two counts under this statute.
• House Rules and Standards: References House Rule XXIII, Clause 1, which requires members to behave in a way that maintains the House's credibility. Argues that her actions undermine this standard.
• Expulsion Action: Under Article I, Section 5, Clause 2 of the U.S. Constitution (which allows each chamber of Congress to punish or expel its members with a two-thirds vote), the resolution formally expels Rep. McIver from the House.

Significant Changes to Existing Law

This resolution does not amend or create new laws. It is a procedural measure enforcing existing constitutional powers, federal criminal statutes (like 18 U.S.C. § 111), and House rules. It builds on the precedent set by the House's expulsion of former Rep. George Santos in December 2023 for charges without conviction, but introduces no statutory changes.

Potential Impacts

• On Government Agencies: Could reinforce accountability for congressional interference with federal law enforcement operations, such as those by Immigration and Customs Enforcement (ICE) and Homeland Security Investigations, potentially deterring similar incidents.
• On Citizens: May affect representation for Rep. McIver's constituents in New Jersey's 10th Congressional District, leading to a vacancy and special election. It underscores the House's role in upholding public trust in government institutions.
• On International Relations: Minimal direct impact, though it involves a federal immigration facility, which could indirectly highlight tensions around immigration enforcement if the expulsion proceeds.

Main Stakeholders Affected

• Representative LaMonica McIver: Directly targeted for expulsion, facing loss of her seat and potential career repercussions amid ongoing criminal charges.
• House of Representatives Members: All members are affected as the resolution sets expectations for conduct; it requires a House vote, potentially influencing party dynamics.
• Federal Law Enforcement and DOJ: Validates their authority and could strengthen protections against interference by elected officials.
• Constituents in New Jersey's 10th District: Lose immediate representation, impacting access to services and advocacy on issues like immigration.
• Broader Public: Affects perceptions of congressional integrity and the enforcement of laws against members of Congress.

Notable Legal, Constitutional, or Political Implications

• Constitutional: Relies on the House's explicit power under Article I, Section 5 to expel members by a two-thirds vote without needing a criminal conviction, emphasizing self-policing of Congress.
• Legal: Highlights application of 18 U.S.C. § 111 to members of Congress, treating them equally under federal assault laws. The use of "clear and convincing evidence" from video footage could influence future disciplinary proceedings.
• Political: Establishes or reinforces precedent for expelling members based on charges alone (as with Santos), potentially increasing partisan use of expulsion for ethical or criminal allegations. It may spark debates on member accountability versus due process, especially since the resolution was introduced by Rep. Nancy Mace and referred to the House Ethics Committee for review.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Mace, Nancy [R-SC-1]

Recent Actions

• 2025-05-21: Referred to the House Committee on Ethics.
• 2025-05-21: Submitted in House
• 2025-05-21: Submitted in House

Bill Versions

• Providing for the expulsion of Representative LaMonica McIver from the United States House of Representatives. — issued 2025-05-21 — PDF (3 pages)