Alina Habba, interim U.S. attorney for New Jersey, announced on social media that her office has filed criminal charges against Democratic Representative LaMonica McIver, who visited an immigration detention center in Newark this month.
Newsweek reached out to McIver’s office for comment via email on Monday.
The Context
Democratic Representatives McIver, Bonnie Watson Coleman and Rob Menendez, along with Newark Democratic Mayor Ras Baraka, were outside the Delaney Hall detention center on May 9, urging federal officials to allow them inside so they could observe conditions at the facility.
All four officials were allowed into the center and the three congressional Democrats tried to include Baraka—who had been denied entry into Delaney Hall three days prior—in their conversations.
A scuffle soon broke out between U.S. Immigration and Customs Enforcement (ICE) agents, protesters at the entrance and the four Democrats. Baraka was subsequently arrested and taken into custody by ICE, an experience he described as “humiliating,” adding: “I didn’t do anything wrong.”
McIver, meanwhile, was accused by Habba and other Trump administration officials of attacking ICE agents, a charge she has vehemently denied.
What To Know
“Today my office has charged Congresswoman McIver with violation of Title 18, United States Code, Section 111(a)(1) for assaulting, impeding and interfering with law enforcement,” Habba wrote on X, formerly Twitter.
“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 said in a memo accompanying her social media post.
The charges announced Monday open a new front in the Trump administration’s battle with judges and lawmakers whom the president has accused of obstructing his immigration agenda.
McIver is the first member of Congress to be charged in connection to Trump’s deportation push—and follows last month’s arrest of Milwaukee County Circuit Court Judge Hannah Dugan—who is accused of helping a migrant evade arrest by ICE agents.
Multiple Trump administration officials publicly backed Habba after she posted her memo.
Deputy Attorney General Todd Blanche wrote on X: “I echo what @USAttyHabba has made clear: assaults on federal law enforcement will not be tolerated. This Administration will always protect those who work tirelessly to keep America safe.”
McIver slammed the charges against her as “purely political,” adding that they “mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”
Paul Fishman, McIver’s lawyer, called the charges against her “spectacularly inappropriate,” telling NBC News: “She went to Delaney Hall to do her job. As a member of Congress, she has the right and responsibility to see how ICE is treating detainees.”
“Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos,” Fishman said. “This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver.”
Prosecutors Drop Charge Against Baraka
Habba also announced in Monday’s memo that prosecutors dropped a misdemeanor trespassing charge against Baraka “for the sake of moving forward.”
She added: “In the spirit of public interest, I have invited the mayor to tour Delaney Hall. The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand.”
Angelina Katsanis/AP
What People Are Saying
McIver’s office said in a statement posted to X: “Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district. We were fulfilling out lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short.”
She continued: “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. This administration will never stop me from working for the people in our district and standing up for what is right. I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court.”
Homeland Security Secretary Kristi Noem said on X: “After a thorough review of the video footage of Delaney Hall and a full investigation from HSI [Homeland Security Investigations], the U.S. Attorney for the District of New Jersey has made the determination to charge Congresswoman LaMonica McIver for assaulting, resisting, and impeding law enforcement officers.”
Noem added: “No one is above the law. 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.”
What Happens Next
McIver said in her statement that she plans to contest the charges against her in court.
Update 5/19/25, 9:44 p.m. ET: This article has been updated with additional information and context.