Rep. LaMonica McIver (D-NJ) will face criminal charges for her alleged actions during a confrontation with law enforcement outside a Newark immigration detention center earlier this month.
“Today my office has charged Congresswoman McIver with violation of Title 18, United States Code, Section 111(a)(1) for assaulting, impeding and interfering with law enforcement,” acting New Jersey US Attorney Alina Habba announced Monday.
McIver was among several Democratic lawmakers involved in a chaotic scene that unfolded outside the Delaney Hall Detention Center on May 9, which resulted in the arrest of Democratic Newark Mayor Ras Baraka for allegedly trespassing on the facility that contracts with Immigration and Customs Enforcement.
Habba indicated that she gave McIver “every opportunity” to avoid being charged.
“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 unfortunately declined,” Habba said.
“No one is above the law – politicians or otherwise,” the US attorney continued. “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, who has represented the Garden State’s 10th Congressional District since September 2024, slammed the charges as “purely political” and blamed ICE agents for the confrontation.
“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district. We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short. Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka,” McIver said in a statement.
“The charges against me are purely political — they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight,” the congresswoman added. “This administration will never stop me from working for the people in our district and standing up for what is right.
“I am thankful for the outpouring of support I have received, and I look forward to the truth being laid out clearly in court.”
Democratic New Jersey Reps. Robert Menendez Jr. and Bonnie Watson Coleman, who were present with McIver when the scrum at the gates to the detention center took place, have also previously blamed federal law enforcement for the fracas.
Watson Coleman has accused ICE agents of “shoving” her outside the facility, and Menendez Jr. claims immigration officials failed to de-escalate the situation, turning it into a “violent scene.”
Habba, who previously served as President Trump’s personal lawyer, noted in her announcement that the trespass charges against Baraka would be dismissed.
“After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” she said.
Habba further revealed that “in the spirit of public interest” she has invited Baraka — the frontrunner in the Garden State’s gubernatorial race — to tour Delaney Hall with her.
“The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand,” she said.
“The citizens of New Jersey deserve unified leadership so we can get to work to keep our state safe.”
Baraka said in a statement that he was “glad” Habba dismissed the charges against him and that he expects to meet with the US attorney soon to discuss areas of cooperation.
“I am glad that the US Attorney has agreed that this case should be dismissed,” the mayor said. “I have had strong relationships with prior US Attorneys, and I plan to speak with the current US Attorney about issues on which we can cooperate.”
“As to Delaney Hall, I will continue to advocate for the humane treatment of detainees, and I will continue to press the facility to ensure that it is compliant with City of Newark codes and regulations,” Baraka added.
Describing McIver as a “daughter of Newark” and “dear friend,” the mayor declared that he expects the congresswoman to be “vindicated.”
“I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated,” Baraka said.
Department of Homeland Security Secretary Kristi Noem, who previously accused McIver, Menendez Jr. and Watson Coleman of engaging in “criminal acts,” said Habba’s decision to charge the congresswoman followed a “full investigation” conducted by DHS.
“After a thorough review of the video footage of Delaney Hall and a full investigation from [Homeland Security Investigations], the US Attorney for the District of New Jersey has made the determination to charge Congresswoman LaMonica McIver for assaulting, resisting, and impeding law enforcement officers,” Noem wrote on X.
The day after the Delaney Hall incident, DHS released video footage of McIver outside the detention center appearing to throw her forearms at law enforcement officials and appearing to punch a Homeland Security Investigations officer in the arm.
“No one is above the law. If any person, regardless of political party, influence or status, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law,” Noem warned.
Meanwhile, Democrats fumed over Habba’s decision.
House Democratic leadership described the charges against McIver as “extreme,” “morally bankrupt” and lacking “any basis in law or fact.”
“They didn’t assault anyone, but were themselves aggressively mistreated by illegally masked individuals,” top House Democrats, including Minority Leader Hakeem Jeffries (D-NY), said of their New Jersey colleagues in a joint statement.
“There is no credible evidence that Rep. Mciver engaged in any criminal activity, and she would not have been permitted to tour the facility had she done anything wrong,” they added, noting that the congresswoman was indeed allowed to to walk though the detention center.
“The proceeding initiated by the so-called U.S. Attorney in New Jersey is a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch,” they charged. “House Democrats will not be intimidated by the Trump administration. Not today. Not ever.”
“Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions. An attack on one of us is an attack on the American people. House Democrats will respond vigorously in the days to come at a time, place and manner of our choosing.”
