New Jersey’s Democratic Representative LaMonica McIver is facing assault charges following an altercation with law enforcement outside an immigration detention center earlier this month.
The charges arise from a May 9 incident. McIver visited Delaney Hall, a federal immigration detention facility in Newark, for a “congressional oversight inspection.” Court documents filed Monday allege she intervened during the arrest of Newark’s Democratic Mayor Ras Baraka. The filing claims McIver “slammed her forearm into the body” of a Homeland Security Investigations (HSI) special agent and pushed an Immigration and Customs Enforcement (ICE) deportation officer.
Delaney Hall, recently reopened, has been at the center of debates over the Trump Administration’s mass deportation efforts.
Alina Habba, the interim U.S. attorney for the District of New Jersey and former personal attorney for Trump, announced on X Monday that her office would drop misdemeanor trespassing charges against Baraka but proceed with the charges against McIver.
Here’s what to know about these charges.
What are the charges against McIver?
Court documents reveal McIver faces two counts of assaulting, resisting, and impeding an HSI agent and an ICE officer.
Habba stated on X, “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. 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 refuted the charges in a statement, asserting that she and her colleagues visited Delaney Hall “to inspect the treatment of ICE detainees” and “were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before.”
McIver’s statement continued, “Our visit should have been peaceful and short. Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka.”
“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.”
What potential penalties is she facing?
According to the law, assaulting, resisting, or impeding certain officers or employees carries a maximum penalty of eight years in prison.
However, sentencing for those convicted typically follows federal guidelines.
Could she be tried while serving in Congress?
Yes. Prosecutors can bring federal criminal charges against sitting members of Congress, though this is rare outside of fraud or corruption allegations.
A recent example involves then-Sen. Robert Menendez, a New Jersey Democrat, who was tried last year for his involvement in an international bribery scheme. Menendez was found guilty and subsequently resigned from the Senate.
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