Newark, NJ – Interim U.S. Attorney for New Jersey Alina Habba announced on May 19, 2025, that her office has filed federal charges against Democratic Rep. LaMonica McIver (D-NJ) for allegedly assaulting, impeding, and interfering with Immigration and Customs Enforcement (ICE) officers during a chaotic confrontation at the Delaney Hall detention center in Newark on May 9. The charges, under Title 18, U.S. Code, Section 111(a)(1), mark a rare move against a sitting member of Congress and have intensified tensions over the Trump administration’s immigration enforcement agenda.
The incident occurred when McIver, alongside Reps. Bonnie Watson Coleman and Rob Menendez, both New Jersey Democrats, and Newark Mayor Ras Baraka, visited the recently reopened ICE facility to conduct congressional oversight. The lawmakers aimed to inspect detainee conditions, citing concerns over permits and safety. Baraka, denied entry, was arrested for trespassing, sparking a scuffle. ICE bodycam footage, released by the Department of Homeland Security (DHS), shows McIver elbowing an officer while shouting “surround the mayor” amid a crowded protest. Habba alleges McIver’s actions constituted assault, though the video’s context—whether her contact was intentional—remains disputed.
Habba, a former Trump attorney appointed in March, stated, “No one is above the law—politicians or otherwise. It is my constitutional obligation to protect federal law enforcement.” She noted attempts to resolve the matter without charges failed, as McIver declined a deal. DHS Secretary Kristi Noem echoed this, emphasizing prosecution regardless of status. Conversely, Habba dropped Baraka’s trespassing charge “for the sake of moving forward,” inviting him for a facility tour. Baraka, a gubernatorial candidate, expressed support for McIver, predicting her vindication.
McIver, a freshman congresswoman and former Newark Council President, called the charges “purely political,” arguing they aim to “criminalize and deter legislative oversight.” Her attorney, former U.S. Attorney Paul Fishman, labeled the prosecution “spectacularly inappropriate,” asserting ICE agents escalated a routine inspection into chaos. House Democratic leaders, including Minority Leader Hakeem Jeffries, condemned the move as an attempt to intimidate Congress, vowing a “vigorous” response. They noted McIver toured the facility post-incident, questioning claims of wrongdoing.
The charges have polarized reactions. Republican lawmakers, like Homeland Security Chairman Mark Green, praised the decision, citing video evidence and proposing sanctions, including stripping McIver’s committee assignments. On X, users like
@ProudElephantUS and
@Osint613 amplified claims of McIver’s aggression, alleging verbal abuse and threats, though some posts exaggerate her actions. Democrats, including Gov. Phil Murphy and Rep. Frank Pallone, decried the charges as authoritarian, defending McIver’s oversight rights. The ACLU-NJ called it a tactic suited for “authoritarianism, not democracy.”
Legal experts note the rarity of charging a lawmaker for oversight activities, with potential implications for congressional authority. No charging documents were public by Monday night, and McIver’s team denies seeing them. As the case heads to court, it underscores the Trump administration’s aggressive immigration stance, following similar charges against a Milwaukee judge. With McIver facing a felony charge tied to physical contact, the nation watches whether facts or politics will prevail.
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