Providing for the expulsion of Representative LaMonica McIver from the United States House of Representatives.
H. Res. 439 is a House resolution introduced May 21, 2025 by Rep. Mace that would expel Rep. LaMonica McIver from the U.S. House of Representatives under the Constitution’s expulsion provision (Article I, Section 5, Clause 2). The measure bases the expulsion on McIver’s alleged conduct at the Delaney Hall Federal Immigration Facility in New Jersey on May 9, 2025, including entering a secure area without authorization, attempting to prevent lawful arrests, and physically assaulting federal law enforcement officers. The resolution cites body-camera video and federal charges against McIver (two counts under 18 U.S.C. § 111(a)(1)) as showing behavior unbecoming of a Member and incompatible with credibility and the duties of the office. It also references Rules of the House (notably Rule XXIII) and precedent from the Santos case in 2023 as justification for expulsion even before a criminal conviction. The bill has been referred to the Committee on Ethics for consideration and would require a two‑thirds vote of the House to enact.
Key Points
- 1Grounds for expulsion: Alleged serious misconduct—entering a secure area without authorization, resisting and restraining federal officers, and assaulting officers—alleged to violate federal law and reflect negatively on the House.
- 2Evidence cited: Video from body-worn cameras and the Department of Justice’s charges against McIver (two counts under 18 U.S.C. § 111(a)(1)).
- 3Legal and ethical basis: Expulsion authorized by Article I, Section 5, Clause 2 of the Constitution; cites Rule XXIII on Members’ conduct and the expectation that Members maintain credibility; cites the Santos precedent to support expulsion prior to criminal conviction.
- 4Procedural posture: Introduced in the House on May 21, 2025, referred to the Committee on Ethics; has not yet been acted on by the full House.
- 5Scope of action: If enacted, the resolution would remove McIver from the House as a matter of constitutional authority granted to the House.