Acting U.S. Attorney for the District of New Jersey Alina Habba is charging Rep. LaMonica McIver for her alleged misconduct towards law enforcement in front of Delaney Hall in New Jersey earlier this month, but she is dismissing the trespassing charge against Newark Mayor Ras Baraka.
"Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement in violation of Title 18, United States Code, Section 111 (a)(1)," Habba said in a letter shared on X Monday. "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."
McIver responded to the charges in a statement shared on social media.
"Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district," McIver said. "We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short. Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka.
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Rep. LaMonica McIver can be seen wearing red in this screenshot from the body camera footage DHS provided to Fox News. (Department of Homeland Security)
"The charges against me are purely political – they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight," she added. "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."
Department of Homeland Security (DHS) Secretary Kristi Noem weighed in on the charges against McIver, saying, "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," the secretary wrote. "We thank our brave ICE law enforcement officers for their service to this great nation."
Fox News has learned that McIver must turn herself in as soon as possible, though it is up to the magistrate on the specifics of when she must turn herself in and how.
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Barricades outside Delaney Hall in Newark, New Jersey, on May 13, 2025. (Cameron Arcand for Fox News Digital)
Prosecutors also told Fox News that McIver faces several felony charges, so she is looking at possible time behind bars.
Habba also announced in her letter that, after extensive consideration, she was dismissing charges against Baraka.
Newark Mayor Ras Baraka was originally charged with class C misdemeanor trespassing at the facility, which is privately operated by the GEO Group, last week, and he had his first court appearance on Thursday, which Habba personally attended.
"We believe that I was targeted in this," Baraka said outside the courtroom after his appearance.
On Monday, Baraka released a statement about the charges against him being dismissed.
"I am glad that the U.S. Attorney has agreed that this case should be dismissed," he said. "I have had strong relationships with prior U.S. Attorneys, and I plan to speak with the current U.S. Attorney about issues on which we can cooperate. As to Delaney Hall, I will continue to advocate for the humane treatment of detainees, and I will continue to press the facility to ensure that it is compliant with City of Newark codes and regulations.
"I understand that the U.S. Attorney has chosen to charge Congresswoman LaMonica McIver with assaulting law enforcement," Baraka continued. "Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend. I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated."
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Baraka and three congressional lawmakers – McIver, Robert Menendez Jr., and Bonnie Watson Coleman were outside the ICE facility last week with a group of protesters when the gates opened to allow an ICE bus in. All four officials then allegedly rushed through the gates past security, according to officials from the Department of Homeland Security.
"If it was a typical U.S. citizen, and they tried to storm into a detention facility that's housing dangerous criminals or any person at all, they would be arrested," DHS Assistant Secretary Tricia McLaughlin told "Fox News Live" host Kevin Corke Saturday. "Just because you are a member of Congress or just because you're a public official, does not mean you are above the law.
Members of Congress bust into ICE detention facility in New Jersey (X / @RepBonnie)
However, McIver and others allege that "ICE created chaos" and instigated the situation.
"The way we were treated at Delaney Hall is almost unbelievable. ICE shoved me, manhandled [Watson Coleman], and arrested [Baraka]. They disrespected us and tried to stop us from conducting the oversight we’re elected to do. But we’ll never back down in our fight for what is right," McIver posted to X last week.
The arrest came as activists had been calling for access to the facility for days, which is a privately run facility that was revamped as an immigration detention facility this year. The city says that the facility is operating without a valid certificate of occupancy, whereas the GEO Group maintains that they are in full compliance with city laws.
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After another protest that went right up to the gates of Delaney Hall, large yellow barricades were placed in front of its entrance with signs warning against trespassing on private property.
Cameron Arcand is a politics writer at Fox News Digital in Washington D.C. Story tips can be sent to Cameron.Arcand@Fox.com and on Twitter: @cameron_arcand