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‘Malicious Prosecution’: Sanctuary Mayor Sues Trump Prosecutor Over Arrest At ICE Detention Center

Last updated: June 3, 2025 7:41 pm
Oliver James
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6 Min Read
‘Malicious Prosecution’: Sanctuary Mayor Sues Trump Prosecutor Over Arrest At ICE Detention Center
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A sanctuary city mayor is suing Trump administration officials for his arrest during an altercation at a federal immigration detention center last month.

Democrat Newark Mayor Ras Baraka, who is currently running to become the governor of New Jersey, filed a lawsuit Tuesday against the state’s top prosecutor and a Department of Homeland Security (DHS) official over his arrest on a now-dismissed trespassing charge. The mayor claims his constitutional rights were violated by interim U.S. Attorney for New Jersey Alina Habba and Ricky Patel, the Homeland Security Investigations agent in charge in Newark.

“Today I filed a federal lawsuit against Alina Habba and DHS Agent Ricky Patel for false arrest, malicious prosecution, and defamation,” Baraka announced Tuesday on a social media post.

“They abused their power to violently arrest me at Delaney Hall despite being invited inside,” the mayor continued. “No one is above the law.”

NEWARK, NEW JERSEY – MAY 15: Alina Habba, Acting U.S. Attorney for the District of New Jersey, arrives at the courthouse where Mayor of Newark, Ras Baraka’s hearing will be held on May 15, 2025 in Newark, New Jersey. (Photo by Stephanie Keith/Getty Images)

The lawsuit stems from an incident several weeks earlier when Baraka was not permitted to tour an immigration detention center in Newark. The mayor on May 9 tried to accompany New Jersey Democratic Reps. Robert Menendez, LaMonica McIver and Bonnie Watson Coleman on a tour of the Delaney Hall Detention Facility, but was denied entry.

Video footage shows a heated exchange with Baraka when Immigration and Customs Enforcement (ICE) officers prevented him from entering the detention center. The chaos led to Baraka being arrested and charged with trespassing.

A subsequent press release from DHS suggested the Democratic lawmakers did not follow proper procedure and accused them of storming the detention center’s gate and breaking into the facility.

“Members of Congress storming into a detention facility goes beyond a bizarre political stunt and puts the safety of our law enforcement agents and detainees at risk,” DHS spokesperson Tricia McLaughlin said in the press release. “Members of Congress are not above the law and cannot illegally break into detention facilities.”

“Had these members requested a tour, we would have facilitated a tour of the facility,” McLaughlin continued.

While Baraka was initially accused of trespass by Habba, she ultimately dropped the charge against him and charged McIver with two counts of assaulting officers for her alleged role in the incident. Prosecutors say the Democratic congresswoman “assaulted, impeded, and interfered with law enforcement” in what was allegedly an orchestrated attempt by her to disrupt operations at the detention center under the guise of a congressional oversight visit.

Like the Newark mayor, McIver is claiming her prosecution is politically motivated by the Trump administration, according to her public statements. (RELATED: House Dems Blast Trump’s DOJ For Charging Rep. LaMonica McIver With Assault)

The White House and New Jersey officials have continued to spar over the state’s laws restricting cooperation between local law enforcement and ICE agents. The Department of Justice in May sued several cities in the state, including Newark, over their sanctuary policies.

Baraka, who is running to succeed term-limited New Jersey Democratic Gov. Phil Murphy, announced his lawsuit on the same day early voting began in the state’s primary election and running in a crowded field of Democratic contenders for their party’s nomination. President Donald Trump has endorsed former state Assemblyman Jack Ciattarelli, a Republican, who came very close to unseating Murphy in the state’s last gubernatorial general election.

The Department of Justice did not immediately respond to a request for comment from the Daily Caller News Foundation about Baraka’s lawsuit, but Habba made a public statement Monday amid reports that the Newark mayor was preparing to sue her.

“‘Shocking’ leak from Mayor Baraka’s team: He is planning to sue the Feds,” Habba posted on X.

“My advice to the mayor – feel free to join me in prioritizing violent crime and public safety,” she continued. “Far better use of time for the great citizens of New Jersey.”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

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Newark Mayor Ras Baraka set to appear in court on charge of trespassing at immigration facility

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