Acting US Attorney for the District of New Jersey Alina Habba announced Monday evening that her office has filed formal charges against Rep. LaMonica McIver (D-NJ).
The charges allege that McIver was “assaulting, impeding and interfering with law enforcement” during a controversial incident earlier this month at a New Jersey ICE detention facility.
The confrontation occurred when McIver, along with several other Democratic lawmakers, attempted to gain entry to Delaney Hall, an Immigration and Customs Enforcement detention facility.
Body camera footage reportedly captured McIver forcefully pushing past security personnel to breach the facility’s gates during the incident, which also resulted in the arrest of Newark’s mayor.
“I take my obligations as US Attorney seriously. I understand the responsibility that comes with my position, and I will work diligently to uphold the law and deliver justice to the people of New Jersey,” Habba stated in her announcement of the charges.
In what appears to be a strategic decision, Habba revealed that authorities have agreed to dismiss the misdemeanor trespass charge against Newark Mayor Baraka “for the sake of moving forward.”
This concession suggests an attempt to focus the legal proceedings on what officials view as the more serious allegations against Rep. McIver.
Extending an olive branch to local leadership, Habba added, “In the spirit of public interest, I have invited the mayor to tour Delaney Hall.”
“The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand.”
Habba made it clear, however, that the dismissal of charges against Mayor Baraka does not conclude the overall investigation into the incident.
“The dismissal against the mayor is not the end of this matter,” she stated firmly, acknowledging the importance of Congressional oversight while distinguishing it from the alleged criminal conduct at issue.
Addressing the specific allegations against Rep. McIver, the Acting US Attorney asserted that the lawmaker “assaulted, impeded, and interfered with law enforcement in violation of Title 18, United States Code, Section 111(a)(1).”
She emphasized that such actions “cannot be overlooked by the chief federal law enforcement official in the State of New Jersey,” highlighting her “Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties.”
According to Habba, her office made repeated attempts to resolve the matter without resorting to criminal charges, providing Representative McIver “every opportunity to come to a resolution,” which the lawmaker reportedly declined.
Habba concluded with a firm declaration of legal principle: “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. Now we will let the justice system work.”
McIver has strongly contested the charges in a public statement, offering a markedly different characterization of the events in question.
“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” she explained.
“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.”
The Rep. countered that the confrontation arose not from her actions but from those of federal agents, claiming, “Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka.”
McIver explicitly characterized the charges as “purely political,” alleging they “mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”
McIver concluded her statement with a defiant tone, declaring that “This administration will never stop me from working for the people in our district and standing up for what is right.”
The incident, which occurred on May 9, has drawn attention from the highest levels of Congressional leadership.
House Speaker Mike Johnson has publicly indicated that disciplinary actions are being considered against all three Democratic House Representatives involved in the incident, which included not only McIver but also Reps. Bonnie Watson Coleman (D-NJ) and Rob Menendez (D-NJ).
Drawing a parallel to another recent case involving obstruction of immigration enforcement, Speaker Johnson referenced a Wisconsin judge who faces indictment for allegedly attempting to conceal an illegal alien from ICE apprehension.
“Look, I think it’s pretty clear that the law was violated,” Johnson stated, noting that the judge in that case faces “up to six years in jail and up to $350,000 in fines because she obstructed the proceedings.”
“She obstructed justice.”
Johnson directly connected the two situations, asserting, “What these House Democrats did is in that same vein of what the judge is being indicted for,” suggesting serious potential consequences.
The speaker concluded that “there’s some legal ramifications to play out here,” indicating that both legal and congressional responses to the incident may still be developing.
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