Rep. Nancy Mace, R-S.C., introduced a resolution to expel Rep. LaMonica McIver, who was charged with assaulting officers while visiting an ICE facility in Newark.
"On May 9, Mclver didn't just break the law, she attacked the very people who defend it," said Mace. "Attacking Homeland Security and ICE agents isn't just disgraceful, it's assault.
"If any other American did what she did, they'd be in handcuffs. Mclver thinks being a member of Congress puts her above the law. It doesn't. She should be prosecuted to the fullest extent of the law."
The Department of Justice charged McIver with assaulting, resisting, and impeding law enforcement officers.
McIver was one of three New Jersey House Democrats who were at the detention center amid the confrontation with police on May 9.
Alina Habba, the interim U.S. attorney for New Jersey, disclosed the move in a Monday night post on X.
"I have persistently made efforts to address these issues without bringing criminal charges and have given Representative McIver every opportunity to come to a resolution, but she has unfortunately declined," Habba wrote.
"No one is above the law — politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are. Now we will let the justice system work."
McIver, Newark Mayor Ras Baraka, and Reps. Bonnie Watson Coleman and Rob Menendez, both Democrats, traveled to Delaney Hall on May 9, where Baraka was arrested after federal authorities said he was trespassing.
Habba said DOJ was dismissing a misdemeanor charge of trespassing against Baraka.
Mace said McIver should be held to the same standards as every other American.
"Members of Congress swear an oath to uphold the Constitution and the laws of this country — not to obstruct them," Mace said. "This isn't a matter of partisan politics. In a time when public trust in government is at a historic low, the House must act decisively.
"The evidence is clear. The charges are serious. And the public deserves to know that criminal conduct in the halls of Congress has consequences."
The resolution now heads to the House Committee on Ethics for consideration.