U.S. Rep. LaMonica McIver now faces a federal indictment stemming from a confrontation at a New Jersey immigration detention facility. This has intensified tensions between congressional oversight efforts and federal law enforcement actions under the Trump administration.
The three-count indictment, unsealed Tuesday, accuses the New Jersey Democrat of assaulting and obstructing federal officers during a chaotic scene at Newark’s Delaney Hall on May 9. The charges come weeks after an initial complaint was filed by Acting U.S. Attorney for New Jersey Alina Habba, who shared news of the grand jury’s decision in a post on X.
“While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve,” Habba stated.
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The facility visit, intended as a congressional inspection of conditions at the privately run, 1,000-bed ICE detention center, escalated when Newark Mayor Ras Baraka attempted to join the delegation and was arrested for trespassing, a charge later dropped. McIver, seen near the mayor during the encounter, allegedly used physical force to impede officers trying to detain him.
A Homeland Security video released following the incident captures a crowded and chaotic scene. McIver, positioned just inside the gate of the fenced facility, is seen elbowing through a mass of officers and protestors. She appears to place her arms around Baraka while shouting with others urging people to encircle the mayor. Whether the elbow contact with officers was deliberate remains unclear from the footage.
The indictment claims she “slammed” her forearm into an agent and attempted to block the arrest by grabbing him. It also alleges she tried to restrain the officer by wrapping her arms around the mayor.
The 38-year-old has rejected the charges outright, framing the case as politically driven retaliation.
“The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,” she said in a statement.
Her attorney, former U.S. Attorney Paul Fishman, signaled a vigorous legal defense.
“The legal process will expose this prosecution for what it truly is—political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities,” Fishman said.
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McIver isn’t the only official caught in the legal crosshairs that day. Mayor Baraka is currently suing Habba, calling his arrest a “malicious prosecution.” Their confrontation came amid growing Democratic scrutiny of ICE detention practices, as the Trump administration continues its aggressive immigration enforcement policies.
By law, members of Congress are authorized to inspect federal immigration facilities, with or without prior notice. A 2019 appropriations bill codified that authority, underscoring the legitimacy of McIver’s presence.
Also present during the attempted inspection were Reps. Bonnie Watson Coleman and Rob Menendez, who alongside McIver have strongly criticized the arrests and rejected the allegations as unfounded.
LaMonica McIver, a Newark native, was elected to Congress in a 2023 special election following the death of Rep. Donald Payne Jr., and secured a full term later that year. She previously served as Newark City Council President and worked in the city’s public school system.
McIver made history on September 23, 2024, when she was sworn into Congress as the first Black woman to represent New Jersey’s 10th District and the youngest person ever elected to the U.S. House from the state. She serves on the House Small Business and Homeland Security Committees.
The charges carry serious penalties: two counts could lead to up to eight years in prison each, while a third carries a maximum of one year.
