Dem rep to plead not guilty to federal charges for incident at Newark ICE facility

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A New Jersey Congresswoman who was involved in a much-publicized altercation outside an immigration facility last month is expected to appear in court later today to face charges for allegedly obstructing Homeland Security agents.

Rep. LaMonica McIver, D-N.J., is charged in a three-count indictment of forcibly impeding federal officers during the attempted arrest of Newark Mayor Ras Baraka at the Delaney Hall immigration facility on May 9. She says she will plead not guilty to the charges.

McIver and two other members of Congress said they were conducting a congressional oversight visit that coincided with an immigration protest, when a clash ensued with federal agents. 

Democratic Rep. McIver of New Jersey, ICE facility confrontation

New Jersey Rep. LaMonica McIver was charged on Monday with allegedly assaulting law enforcement officers outside an ICE detention facility earlier this month. (Getty Images/Department of Homeland Security)

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According to a DOJ press release, Baraka was allowed into the facility’s secured area and then federal agents warned him to leave but he refused to do so.

When officers tried to arrest Baraka, McIver allegedly blocked them, putting her arms around the mayor, and “slammed her forearm” into one officer while grabbing another and using both of her forearms to forcibly strike the second officer.

Each of the first two counts carries a maximum eight-year prison sentence. The third carries up to one year.

The charges are being brought be Acting U.S. Attorney for the District of New Jersey Alina Habba, who has represented President Donald Trump between his two presidencies. Habba previously said that McIver “assaulted, impeded, and interfered with law enforcement.”

McIver denounced the charges earlier this month, likening them to previous attempts by the Trump administration to silence political opponents.

Alina Habba (left) and LaMonica McIver (right)

Acting U.S. Attorney for the District of New Jersey Alina Habba is filing charges against Rep. LaMonica McIver over the Delaney Hall incident earlier in May. (Pool File via AP/Tom Williams/CQ-Roll Call, Inc via Getty Images)

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“The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,” McIver said in a statement. 

“This indictment is no more justified than the original charge and is an effort by Trump’s administration to dodge accountability for the chaos ICE caused and scare me out of doing the work I was elected to do,” she continued. 

“But it won’t work—I will not be intimidated. The facts are on our side, I will be entering a plea of not guilty, I’m grateful for the support of my community, and I look forward to my day in court.”

Left: Newark Democratic Mayor Ras Baraka speaks outside Delaney Hall ICE facility during a protest. Right: Security personnel stand in front of Delaney Hall, a recently re-opened immigration detention center, in Newark, N.J., Wednesday, May 7, 2025.

Newark Democratic Mayor Ras Baraka speaks outside Delaney Hall ICE facility during the protest. Security personnel stand in front of Delaney Hall on May 7, 2025.  (Getty Images and AP Photo/Seth Wenig)

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Baraka was arrested but had a trespassing charge against him dismissed. 

Meanwhile, the Campaign for Accountability, a liberal watchdog group, filed an ethics complaint with the New Jersey Office of Attorney Ethics on Tuesday, accusing Habba of serious ethical misconduct related to her prosecution of McIver and the arrest of Baraka.

The complaint alleges they were politically targeted in retaliation for participating in the protest and oversight visit because their policies conflict with those of the Trump administration.

Fox News’ Jasmine Baehr contributed to this report.