Congresswoman Lamonica McIver is once again asking the courts to throw out the federal assault charges brought against her by the Trump administration's Department of Justice.

McIver's legal team filed a brief this week asking an appeals court to dismiss the charges that stem from a scuffle outside the immigration detention center Delaney Hall in Newark last May.

A lower court declined to dismiss the case.

The assault charges were first brought against McIvor by former U.S.

Attorney Alina Haba, who accused the congresswoman of interfering with and assaulting federal officers during a scuffle outside of Delaney Hall that erupted when Newark Mayor Ras Baraka was arrested.

McIvor's attorneys argue the incident was part of a congressional oversight visit that grants her immunity, and that the charges were filed purely for political reasons because of her opposition to the Trump administration's immigration crackdown.

If convicted, MacGyver faces up to 17 years in federal prison.

The government now has 30 days to respond to her request.

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