A federal prosecutor on Monday charged Rep. LaMonica McIver (D-NJ) with assaulting federal law enforcement during a protest at an Immigration and Customs Enforcement detention facility earlier this month. The prosecutor simultaneously dropped a trespassing charge against Newark Mayor Ras Baraka stemming from the same incident.
In a statement, U.S. Attorney Alina Habba for the District of New Jersey said her office decided not to prosecute Baraka “for the sake of moving forward,” but would move ahead with charges against McIver under Title 18, U.S. Code Section 111, which criminalizes assaulting or impeding federal officers. Habba said she attempted to resolve the matter with McIver without charges, but the congresswoman declined.
“I take my obligations as U.S. Attorney seriously,” Habba said. “No one is above the law — politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are.”
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. pic.twitter.com/TV00uwRtKq
— US Attorney Habba (@USAttyHabba) May 19, 2025
Habba said she invited Baraka to tour the Delaney Hall facility in Newark “to demonstrate transparency,” describing it as a gesture toward “unified leadership.” However, she took a sharply different tone with McIver, alleging the lawmaker “assaulted, impeded, and interfered with law enforcement” and that such conduct “cannot be overlooked.”
In a statement after the announcement, McIver said she was “thankful” for the support she received and looked “forward to the truth being laid out clearly in court.”
“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,” McIver said in part of her statement.
My statement on the charges filed against me: pic.twitter.com/urxCAt1ZEc
— Rep. LaMonica McIver (@RepLaMonica) May 20, 2025
House Democratic leadership, said the decision to charge McIver was “extreme, morally bankrupt and lacks 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,” they said in a statement provided to Fox News. “House Democrats will not be intimidated by the Trump administration. Not today. Not ever. Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions. An attack on one of us is an attack on the American people. House Democrats will respond vigorously in the days to come at a time, place and manner of our choosing.”
McIver, along with Reps. Rob Menendez (D-NJ) and Bonnie Watson Coleman (D-NJ), participated in the May 9 protest at the ICE-run Delaney Hall detention facility. DHS officials said the lawmakers and Newark mayor disrupted the entry of a detainee transport bus and forced their way through the gate, placing officers in harm’s way. Federal officials warned that more arrests may follow.
Homeland Security Secretary Kristi Noem supported the prosecution, citing video evidence and a full investigation.
“If any person, regardless of political party, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law,” she posted on X.
Deputy Attorney General Todd Blanche echoed the message in a statement on X, saying, “This Administration will always protect those who work tirelessly to keep America safe.”
Rep. Mark Green (R-TN), chairman of the House Homeland Security Committee, issued a forceful rebuke of McIver, who serves on the committee.
ACTING ICE DIRECTOR FINDS NEWARK DETENTION CENTER INCIDENT ‘DISHEARTENING’
“Like most Americans, I am so tired of seeing those on the Left constantly get away with their lawless, criminal behavior,” Green said in a statement. “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. We need to send a clear message — under this administration, no matter how privileged you are, you will be subject to the rule of law.”
The charges came as the DOJ weighs a major internal policy shift that would give U.S. attorneys more autonomy to charge public officials without requiring approval from the department’s Public Integrity Section — a move that would make it easier to prosecute lawmakers.
