The Department of Justice has charged Democratic Rep. LaMonica McIver with assaulting federal law enforcement officers during a chaotic altercation outside an ICE detention facility in New Jersey, Acting U.S. Attorney Alina Habba announced Monday.
However, prosecutors will drop the federal trespassing charge against Newark Mayor Ras Baraka, who was also arrested during the incident, Habba said in a press release.
The confrontation outside the detention facility, where protesters, lawmakers, and Homeland Security officers clashed, escalated the ongoing political conflict between the administration and Democratic lawmakers because, unlike his predecessor, President Donald Trump is aggressively enforcing immigration laws.
The arrest marks a new phase with the criminal charging of a sitting member of Congress, CNN reported. But that said, backers of the president say it’s time to hold anyone accountable for alleged lawbreaking.
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“No one is above the law — politicians or otherwise,” Habba said in accusing McIver of assaulting, impeding, and interfering with law enforcement. “It is the job of this office to uphold justice impartially, regardless of who you are.”
The DOJ and Rep. LaMonica McIver had been in discussions to reach a plea agreement that would have avoided formal charges, according to sources familiar with the matter who spoke to CNN. In her statement Monday, Acting U.S. Attorney Alina Habba said McIver “declined” the department’s efforts to “come to a resolution.”
CNN added: “It is unclear whether the Justice Department will charge the two other members of Congress who were with McIver at the detention facility, Democratic Reps. Bonnie Watson Coleman and Robert Menendez Jr.”
The incident occurred on May 9, when three members of Congress visited the ICE detention facility in Newark, citing concerns that it was not in compliance with necessary permits.
After the visit, Baraka attempted to join the lawmakers and entered the facility’s gated area. Although he eventually complied with federal agents’ repeated instructions to leave, he was arrested immediately after exiting the fenced-in zone.
DHS officials said that the lawmakers would have been accommodated had they simply requested a tour of the facility.
As federal agents moved in to arrest Baraka, McIver and other protesters surrounded him, prompting a tense confrontation as agents pushed through the crowd. On Monday, Habba announced that the charge against Baraka would be dropped “for the sake of moving forward” and extended an invitation for the mayor to tour the detention facility with her.
On Monday, the mayor informed CNN’s Abby Phillip that he believes McIver will be cleared in court.
“I didn’t see any of those things happen,” Baraka said on “NewsNight” of the assault allegations. “So I think that the congresswoman will be vindicated.”
However, video of the incident clearly shows McIver shoving and pushing an ICE agent from behind as she forced her way toward Baraka.
NEW: DHS has provided @FoxNews ICE bodycam video from the altercation at the Delaney Hall detention facility yesterday. They say the video clearly shows @RepLaMonica (red clothing) shoving/elbowing her way past a DHS agent to get past the gate and into the property, followed… pic.twitter.com/GOAKm6U80W
— Bill Melugin (@BillMelugin_) May 10, 2025
Department of Homeland Security officials, including Secretary Kristi Noem, have accused Rep. McIver of assaulting law enforcement officers. Speaking on Capitol Hill Wednesday, Noem condemned the lawmakers’ conduct as “lawlessness” and declared it “beneath this body.” Noem is a former member of the House.
House Democratic leadership quickly condemned the prosecution of McIver as “extreme, morally bankrupt” and lacking “any basis in law or fact.”
“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 several other members of Democratic leadership said in a statement. “Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions.”