Rep. LaMonica McIver to Be Charged in New Jersey ICE Clash, Justice Dept. Says
Perry Stein, Jeremy Roebuck and Liz Goodwin The Washington Post
Rep. LaMonica McIver, center, demands the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison in Newark, New .Jersey, on Friday, May 9, 2025. (photo: Angelina Katsanis/AP)
The charges against the Democratic lawmaker are a highly unusual move by the Justice Department.
The complaint charges McIver with two counts of assaulting, resisting and impeding officers during a May 9 confrontation at the newly opened Delaney Hall detention center in Newark. The crimes are punishable by up to a year in prison if she is convicted.
Alina Habba, the interim U.S. attorney for New Jersey, announced the charges in a statement Monday evening. She also said her office would dismiss the trespassing charge it filed against Newark Mayor Ras Baraka (D) over the same incident, though she did not explain the reasoning behind that move.
The highly unusual action by the Justice Department — charging a sitting member of Congress after a heated clash in which no one was injured — follows the equally unusual arrest of a local judge in Wisconsin this month on obstruction charges for allegedly helping an undocumented migrant in her courtroom evade U.S. immigration authorities.
Trump administration officials and allies had called for charges against McIver and two lawmakers who were with her during the May 9 incident. And Attorney General Pam Bondi and her top deputies have repeatedly promised to go after local, state and elected officials whom they accuse of impeding the administration’s immigration enforcement efforts.
The Justice Department is also considering dropping its policy that requires career prosecutors specializing in public corruption cases to approve indictments of U.S. lawmakers, The Washington Post reported this week.
“The proceeding initiated by the so-called U.S. Attorney in New Jersey is a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch,” House Minority Leader Hakeem Jeffries and other Democratic leaders said in a statement Monday night. “House Democrats will not be intimidated by the Trump administration. Not today. Not ever.”
Habba — a former personal lawyer for President Donald Trump who received sanctions and judicial reprimands while representing him — said she attempted to reach a resolution with McIver without pressing charges but was not successful. She did not say what sort of deal she attempted to broker.
McIver issued a public statement calling the decision to charge her “purely political.”
McIver went to the Delaney Hall detention center in Newark along with Reps. Bonnie Watson Coleman and Robert Menendez Jr. (D-New Jersey) as part of a congressional oversight visit, which is permitted under federal law.
Baraka was blocked from entering the facility, and later retreated to public property alongside protesters outside the facility. A scuffle then erupted between Baraka, masked law enforcement officials and the three lawmakers. Baraka was arrested at the scene and charged with trespassing. At a hearing in federal court Thursday morning, federal prosecutors vowed to take his case to trial this summer, though those charges are now dismissed.
Video released by the Department of Homeland Security showed McIver rushing after the agents as they attempted to arrest Baraka outside the facility’s gates and shouting to protesters outside to “surround the mayor.” At one point, McIver’s elbows appear to make contact with a masked officer amid the crush of the crowd.
The criminal complaint filed Tuesday accuses McIver of assaulting the agents, saying she “slammed her forearm into the body” of one agent and “used each of her forearms to forcibly strike” another.
McIver’s initial court appearance was not immediately scheduled, according to online court dockets. Those records listed the line prosecutor handling the case as Stephen Demanovich, who also appeared in court last week to argue the case against Baraka before the decision to dismiss it. Demanovich joined the New Jersey Attorney’s Office earlier this month as a counselor to Habba.
In her statement Monday, Habba said that the alleged wrongdoing by McIver “cannot be overlooked by the chief federal law enforcement official in the State of New Jersey. ... It is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties.”
House Democrats questioned Habba’s account of McIver’s behavior, noting that the lawmaker went on an hour-long tour of the center after the melee that was captured on video.
Several Republican lawmakers celebrated the charges, however, and at least one had already introduced a resolution that would boot all three lawmakers who were on the Delaney Hall tour from their committees.
“I fully support the Trump administration’s decision to charge Mrs. McIver, who sits on the Homeland Security Committee, of all places, for her actions that are clearly documented on video,” said House Committee on Homeland Security Chairman Mark Green (R-Tennessee) in a statement. “We need to send a clear message to would-be lawbreakers around this country — under this administration, no matter how privileged you are, you will be subject to the rule of law.”
McIver’s lawyer, former U.S. Attorney for New Jersey Paul J. Fishman, called the decision to prosecute her “spectacularly inappropriate” and said she had simply been performing her duties as a member of Congress overseeing conditions at the facility when the clash erupted.
“Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos,” Fishman said in a statement. “This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver. In the courtroom, facts — not headlines — will matter.”