NJ congresswoman faces federal charges after ICE confrontation
Federal prosecutors charged Rep. LaMonica McIver, D-N.J., with assaulting law enforcement officers during a visit to a federal immigration detention facility in Newark on May 9. The Justice Department alleged that McIver “assaulted, impeded and interfered” with Immigration and Customs Enforcement (ICE) officers at Delaney Hall while participating in what lawmakers described as a routine oversight inspection.
Acting U.S. Attorney for New Jersey Alina Habba announced the charges Monday, May 19, saying the conduct could not be “overlooked” and that protecting federal law enforcement is a constitutional obligation.
According to Fox News, prosecutors said McIver must surrender to federal authorities, though a judge will determine the timing. If convicted, she faces felony charges with potential prison time.
What happened during the visit to Delaney Hall?
McIver visited the privately operated ICE facility alongside Reps. Rob Menendez, D-N.J., and Bonnie Watson Coleman, D-N.J., during a protest. Newark Democratic Mayor Ras Baraka also arrived at the site, where ICE officers arrested him for misdemeanor trespassing. Habba later dropped the charge against Baraka, citing a desire to “move forward.”
What does the Justice Department allege?
Prosecutors argue that McIver went beyond her legislative role and unlawfully assaulted federal officers. DHS Secretary Kristi Noem said video footage and a departmental review supported the charge, adding, “No one is above the law.”
A DHS official previously accused McIver of “shoving” agents and “storming” the facility, allegations McIver and her legal team reject.
McIver’s attorney, Paul Fishman, a former U.S. attorney for New Jersey, called the case “spectacularly inappropriate,” saying that ICE agents escalated what should have been a peaceful oversight visit.
“This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver,” he said.
What is the legal and political fallout?
House Minority Leader Hakeem Jeffries and other top Democrats called the case “morally bankrupt” and said it lacked “any basis in law or in fact.” They accused the administration of attempting to intimidate lawmakers conducting oversight.
Legal experts say the case could test the limits of the Constitution’s speech or debate clause, which shields members of Congress from prosecution for actions taken in the course of their official duties. Prosecutors argue that McIver’s behavior went beyond protected legislative activity.
What’s next for McIver and Mayor Baraka?
Baraka, a Democratic gubernatorial candidate and longtime ally of McIver, praised the dismissal of his charge and voiced strong support for her. “I fully expect her to be vindicated,” he said. Baraka also intends to continue advocating for detainees’ rights and facility compliance with Newark city regulations.
McIver said she will fight the charges in court and remain focused on her oversight and constituent work.
“This administration will never stop me from working for the people in our district and standing up for what is right,” she said.
The House Judiciary Committee’s oversight subcommittee, chaired by Rep. Jeff Van Drew, R-N.J., plans to hold a hearing Tuesday on the Delaney Hall incident and ICE’s handling of the situation. DHS has said further arrests are possible.
Ella Rae Greene, Editor In Chief
