U.S. Representative LaMonica McIver is scheduled for arraignment on federal charges on Wednesday, accused of assaulting and interfering with immigration officers during a congressional oversight visit to a detention center in Newark, New Jersey. McIver, a Democrat, has expressed her intent to fight these charges vigorously.
The allegations stem from an incident on May 9 at Delaney Hall, a 1,000-bed facility operated by Immigration and Customs Enforcement (ICE) that houses detainees. Interim U.S. Attorney Alina Habba, a Republican appointed by former President Donald Trump, filed a complaint against McIver following the oversight visit. Recently, McIver was indicted on three counts related to assaulting and impeding federal officials. The indictment specifies that two of the counts could result in a maximum prison sentence of up to eight years, while the third count carries a maximum of one year.
McIver's legal representation, led by former U.S. Attorney for New Jersey Paul Fishman, stated that she would confront the accusations directly in court. This case represents one of the rare instances of federal criminal prosecution against a sitting member of Congress for allegations other than fraud or corruption, highlighting the legal-political tensions that have emerged between the Trump administration and Democratic officials in New Jersey amidst ongoing immigration policy conflicts.
During the same visit to the detention center, Newark Mayor Ras Baraka was arrested on a separate trespassing charge, which was later dropped. Following the incident, Baraka has filed a lawsuit against Habba, alleging malicious prosecution in connection with his arrest.
A nearly two-minute video released by the Homeland Security Department portrays McIver inside a chain-link fence just prior to Baraka's arrest, where she was surrounded by other protesters. The footage captures a chaotic scene, depicting McIver mingling with officers and the crowd. At one point, her elbows make contact with an officer in uniform. However, the police bodycam footage does not clarify whether this contact was intentional or merely a consequence of the commotion. The complaint asserts that McIver "slammed" her forearm into an agent and attempted to detain him by grabbing onto him.
The indictment further claims that McIver encircled Mayor Baraka in an effort to obstruct his arrest and reiterates accusations of slamming her forearm into an agent and grabbing him. In response to the developments, fellow Democrats, including New Jersey Representatives Bonnie Watson Coleman and Rob Menendez, who were present with McIver during the incident, have condemned the arrest and rejected the charges as politically motivated.
Members of Congress, under their oversight authorities, are legally permitted to enter federal immigration facilities without prior notice, as clarified in a 2019 appropriations bill. This legal precedent underscores the ongoing friction between congressional oversight responsibilities and federal enforcement of immigration laws.
LaMonica McIver, at 39 years old, first entered Congress in September following the death of Rep. Donald Payne Jr., filling a vacancy in New Jersey's 10th District. She was subsequently elected for a full term in November 2023. A Newark native, McIver previously served as president of the Newark City Council between 2022 and 2024 and has a background in the city's public schools.
