May 19, 2025
NEWARK, N.J. — Federal prosecutors have filed criminal charges against U.S. Representative LaMonica McIver of New Jersey, alleging that she assaulted and interfered with federal law enforcement officers during a congressional visit to a federal immigration detention center earlier this month.
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According to a statement issued Monday by Interim U.S. Attorney for the District of New Jersey Alina Habba, McIver faces charges under Title 18, United States Code, Section 111(a)(1), for “assaulting, resisting, or impeding certain officers or employees.” The incident occurred on May 9 at Delaney Hall Detention Facility in Newark, a privately run Immigration and Customs Enforcement (ICE) facility operated by CoreCivic.
“Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement in violation of federal law,” said Habba. “That conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties.”
Habba further revealed that her office had attempted to resolve the matter privately without prosecution. “Representative McIver declined,” she stated. A formal complaint was later filed, and an arrest warrant was issued over the weekend.
Mayor Baraka’s Charges Dropped
While McIver now faces federal assault charges, Newark Mayor Ras Baraka—also present during the incident—will not be prosecuted. Habba announced that the federal trespassing charge filed against Baraka would be dropped “for the sake of moving forward.”
She extended an olive branch to Baraka, inviting him to revisit Delaney Hall under her supervision. “I will personally accompany him to ensure transparency,” she said.
Baraka responded positively to the gesture, calling the dismissal “a step forward” while reaffirming his support for McIver.
“Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend,” Baraka said in a statement. “I stand with LaMonica, and I fully expect her to be vindicated.”
DHS and Trump Administration Weigh In
The charges were also announced on social media by Kristi Noem, Secretary of Homeland Security under President Donald Trump. “No one is above the law,” Noem wrote. “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.”
The Department of Homeland Security (DHS) stated that the lawmakers “stormed the gate” of the facility and refused to follow federal protocols. However, those involved have refuted that characterization.
Lawmakers Decry Political Motivation
McIver, a first-term congresswoman who won a special election in 2024 following the death of Rep. Donald Payne, Jr., issued a firm denial of the allegations.
“We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before,” McIver said. “Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka. The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”
Video footage from the incident shows a chaotic scene in which McIver, Baraka, and Reps. Bonnie Watson Coleman and Rob Menendez attempted to enter the facility. The footage has fueled a political firestorm, with Democrats rallying in defense of McIver and accusing the Trump administration of authoritarian overreach.
Rep. Frank Pallone, Jr. (D-NJ) denounced the charges as an “abuse of prosecutorial power.”
“This is a purely political act to stop a Member of Congress from doing her job,” Pallone said. “Oversight is not a criminal offense unless you are living under a fascist regime.”
Rep. Nellie Pou (D-NJ) echoed that sentiment, calling the prosecution “cold vengeance.”
“Congresswoman McIver did nothing wrong except exercise her duty as a sitting member of Congress to call out excesses by the government,” Pou stated.
Governor Murphy Calls Charges “Outrageous”
New Jersey Governor Phil Murphy also weighed in, calling the charges “outrageous” and an attack on constitutional oversight powers.
“Members of Congress have an explicit right under the law to inspect ICE and CBP facilities for the purpose of conducting oversight,” Murphy wrote in a statement posted to X (formerly Twitter). “It is outrageous for a Congresswoman to be criminally charged for exercising her lawful duty to visit a detention site in her own district.”
Broader Context and Legal Implications
Title 18, Section 111 of the U.S. Code is a serious federal statute often invoked in cases involving confrontations with law enforcement. A conviction under this law can carry penalties of up to eight years in prison, depending on the severity of the conduct and whether physical force or a weapon was involved.
This case also comes amid increasing scrutiny of private immigration detention facilities across the U.S., particularly under renewed federal enforcement initiatives by the Trump administration. Delaney Hall, which holds both immigration detainees and pretrial inmates, has previously faced criticism over conditions and lack of transparency.
McIver, who is seeking a full term in the upcoming November election, vowed to continue her work undeterred.
“This administration will never stop me from working for the people in our district and standing up for what is right,” she said.
As the legal battle unfolds, the case is expected to draw national attention and could set a precedent for how congressional oversight is treated by federal authorities in the future.
