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Mayor Ras Baraka of Newark confronts ICE agents at a protest outside an ICE detention center in Elizabeth, N.J., on May 7, 2025. Timothy A. Clary/AFP/Getty Images
Newark Mayor Ras Baraka filed a lawsuit on Tuesday against New Jersey’s interim U.S. attorney, alleging false arrest and political retaliation over his brief detention on a trespassing charge at a federal immigration facility, a charge that was later dropped.
Baraka’s civil complaint, filed on June 3 at the U.S. District Court for the District of New Jersey, accuses interim U.S. Attorney for New Jersey Alina Habba of false arrest and malicious prosecution, as well as defamation for comments she made about his case.
Baraka, who besides leading New Jersey’s biggest city is also vying for the Democratic nomination for governor next Tuesday, accuses Habba of “abuse of federal power,” saying that as a result of the prosecution, he suffered reputation harm and emotional distress.
Also named in the lawsuit is Ricky J. Patel, Special Agent in Charge of the Newark Division of Homeland Security Investigations (HSI), in the Department of Homeland Security (DHS), who faces the same allegations as Habba, with the exception of the defamation charge.
“Today I filed a federal lawsuit against Alina Habba and DHS Agent Ricky Patel for false arrest, malicious prosecution, and defamation. They abused their power to violently arrest me at Delaney Hall despite being invited inside,” Baraka said in a post on social media. “No one is above the law.”
The incident stems from a May 9 protest outside Delaney Hall, a federally contracted immigration detention center in Newark, New Jersey, operated by the private prison firm GEO Group. Baraka, along with several Democratic members of Congress, gathered at the facility to raise concerns about detainee treatment and alleged code violations. According to the complaint, Baraka entered the grounds after being invited by a GEO employee but was later arrested by DHS agents at the direction of Patel, despite complying with their instructions to leave.
In the immediate aftermath, Habba accused Baraka of trespassing and “choosing to disregard the law,” saying in a social media post that “no one is above the law.” Baraka was handcuffed, booked, fingerprinted, and detained for several hours before appearing virtually in federal court. The charges were dropped less than two weeks later, after what Habba described as “extensive consideration.”
Baraka argued in his complaint that the arrest was not only unjustified but deliberately orchestrated to “effect maximum humiliation” and damage his political standing. He alleges that Habba and Patel acted in their personal capacities and conspired with others to submit false affidavits, publicize misleading claims, and misuse federal law enforcement for political purposes.
Habba dismissed the lawsuit in a post on X, calling it unsurprising and accusing Baraka of political grandstanding. “My advice to the mayor—feel free to join me in prioritizing violent crime and public safety,” she wrote. “Far better use of time for the great citizens of New Jersey.”
In a May 19 statement, Habba said the charge against Baraka was dropped “for the sake of moving forward,” and simultaneously announced her office would be pursuing criminal charges against Rep. LaMonica McIver (D-N.J.) for allegedly assaulting federal agents during the same protest. McIver, in turn, said that the prosecution was “purely political” and that federal agents had escalated the situation.
Footage released by DHS shows chaotic scenes at the facility’s outer gate, where the agency said Baraka and lawmakers “stormed” the entrance and interfered with operations as a bus of detainees arrived. DHS Assistant Secretary for Public Affairs Tricia McLaughlin said Baraka’s actions were part of a “bizarre political stunt” by a “sanctuary mayor” whose “political antics” put ICE agents and detainees in danger.
Baraka maintains he was exercising his First Amendment rights and fulfilling his duties to ensure safe conditions at a facility operating within his city’s limits. In his complaint, Baraka alleges his arrest was the product of a coordinated federal effort to intimidate local officials and silence dissent.
“An arrest, particularly of a public figure, is not a preliminary investigative tool,” Baraka wrote in the complaint. “It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence.”
“The apparent rush in this case, culminating today in the embarrassing retraction of charges, suggests a failure to adequately investigate, to carefully gather facts, and to thoughtfully consider the implications of your actions before wielding your immense power,” he continued.
In response to an inquiry from The Epoch Times, officials at DHS pushed back on Baraka’s allegations, defending the agency’s conduct and rejecting the mayor’s characterization of the events.
“Mayor Baraka is trying to rewrite history with this frivolous lawsuit,” McLaughlin said in an emailed statement. “It’s too late: The American people saw with their own eyes his actions that put the safety of our law enforcement agents and the staff at Delaney Hall at risk—all for the sake of the dangerous criminals housed there.”
Formal summonses were issued on June 4 to both Habba and Patel, with the case now poised to enter its next phase in federal court.
The office of the U.S. Attorney for New Jersey did not respond to a request for comment.
Tom Ozimek is a senior reporter for The Epoch Times. He has a broad background in journalism, deposit insurance, marketing and communications, and adult education.
