US Attorney Charges NJ Congresswoman With Assault in ICE Facility Incident

DOJ’s Alina Habba said Rep. LaMonica McIver’s conduct ‘cannot be overlooked’ by the chief federal law enforcement authority.

Congresswoman Rep. LaMonica McIver demands the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison, Friday, May 9, 2025, in Newark, N.J, AP Photo/Angelina Katsanis

Rep. LaMonica McIver (D-N.J.) has been charged by the Department of Justice (DOJ) with assaulting law enforcement during a scuffle that occurred outside an Immigration and Customs Enforcement (ICE) detention center in New Jersey, U.S. Attorney Alina Habba said on May 19.

On May 9, McIver, along with Newark Mayor Ras Baraka and other congressional members, stormed into the Delaney Hall detention center in Newark when the security gate opened to allow a bus of illegal immigrant detainees through, according to the Department of Homeland Security.

Footage released by Homeland Security spokesperson Tricia McLaughlin showed law enforcement officers attempting to block the protesters from entering at the gate.

In a May 19 statement, Habba said that her office has decided to pursue criminal charges against McIver for allegedly assaulting, impeding, and interfering with law enforcement during the protest, in “violation of Title 18, United States Code, Section 111(a)(1).”

Habba said that McIver’s conduct “cannot be overlooked” by the chief federal law enforcement authority in New Jersey, adding that the charges were filed after efforts to address the matter were unsuccessful.

“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 has unfortunately declined,” the U.S. attorney stated. “No one is above the law—politicians or otherwise.”

Habba also said that while Baraka had been detained and charged with the misdemeanor of trespassing during the protest, she has decided to dismiss the charge against him “for the sake of moving forward” and will personally accompany the mayor to inspect the facility firsthand.

In a response, McIver criticized the charges against her as “purely political,” saying that she and other lawmakers were only exercising their “lawful oversight responsibilities” to inspect how ICE detainees were being treated at the facility.

McIver alleged that it was ICE agents who created “an unnecessary and unsafe confrontation” during the arrest of the mayor.

“The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight,” she stated. “This administration will never stop me from working for the people in our district and standing up for what is right.”

In a separate statement, Baraka welcomed Habba’s decision to drop the charges against him but affirmed his support for McIver. Baraka also said that he intends to speak with the U.S. attorney to cooperate on certain issues.

“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,” he stated. “I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated.”

The Trump administration opened Delaney Hall as a detention facility for illegal immigrants on May 1 as part of its broader crackdown on illegal immigration nationwide. The move has triggered protests by illegal immigrant advocates and some Democratic politicians in recent weeks, including Baraka, a gubernatorial candidate.

Delaney Hall is a 1,000-bed facility along an industrial stretch of Newark Bay, according to the private prison company that operates the center. Baraka has said that the facility lacks the proper city permits in order to open, including a certificate of occupancy.

“This is an issue of human rights, an issue of due process, an issue of the Fourth Amendment of the Constitution of the United States,” Baraka told reporters earlier this month. “We are afraid and opposed and alarmed by them setting up a detention center.”

Last month, the city of Newark filed a lawsuit against ICE’s usage of Delaney Hall to detain illegal immigrants, alleging that the agency is not following safety protocols.

GEO Group, which runs Delaney Hall, has accused the mayor of politicizing the situation and said that city officials didn’t object when the Obama administration operated the facility as an ICE processing center.

The Epoch Times has reached out to GEO Group for further comment and did not receive a response by publication time.

Jack Phillips and the Associated Press contributed to this report.