NJ Rep. McIver charged with assaulting ICE agents during Newark facility clash

Federal prosecutors are charging U.S. Rep. LaMonica McIver of New Jersey for allegedly assaulting law enforcement officers during a confrontation earlier this month at a federal immigration detention facility in Newark, officials said Monday.

Interim U.S. Attorney for the District of New Jersey Alina Habba said McIver is being charged under a federal statute for assaulting, resisting or impeding federal officers. The charges stem from a May 9 incident at Delaney Hall, where McIver and fellow Democratic lawmakers attempted to conduct a congressional oversight visit.

“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 statement. “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.”

Habba said her office had tried to resolve the matter without pressing charges.

“Representative McIver declined,” Habba said.

At the same time, Habba said she would drop the federal trespass charge against Newark Mayor Ras Baraka, who was arrested during the same incident. She said the dismissal was made “for the sake of moving forward” and invited Baraka to tour Delaney Hall, saying she would “personally accompany” him to ensure transparency.

Baraka welcomed the decision and expressed his continued support for McIver.

“I am glad that the U.S. Attorney has agreed that this case should be dismissed," Baraka said in a statement. "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."

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.”

Kristi Noem, who heads the Department of Homeland Security under President Donald Trump, also announced the charges in a post on X.

“No one is above the law,” Noem wrote. “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 incident at Delaney Hall involved McIver, Baraka and Reps. Bonnie Watson Coleman and Rob Menendez. Video footage from the scene showed a chaotic confrontation with ICE agents as the lawmakers tried to enter the facility.

DHS claimed the lawmakers “stormed the gate.” McIver and others said they were exercising lawful oversight responsibilities.

In a statement Monday, McIver rejected the charges and accused federal authorities of political retaliation.

“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,” McIver said. “Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka.”

Rep. Frank Pallone, Jr., a senior Democrat from New Jersey, condemned the charges and defended McIver. He said the Trump administration was abusing its power to "sideline" political opponents.

“This is a purely political act to stop a Member of Congress from doing her job,” Pallone said. “Oversight is not a criminal offense unless you are living under a fascist regime.”

Rep. Nellie Pou, who represents New Jersey’s 9th District, also sharply criticized the prosecution.

“Congresswoman McIver did nothing wrong except exercise her duty as a sitting member of Congress to call out excesses by the government,” Pou said. “This prosecution is nothing but cold vengeance and an abuse of power by a heavily politicized Justice Department.”

New Jersey Gov. Phil Murphy also weighed in Monday night, calling the charge “outrageous” in a post on X.

“Members of Congress have an explicit right under the law to inspect ICE and CBP facilities for the purpose of conducting oversight,” Murphy wrote. “It is outrageous for a Congresswoman to be criminally charged for exercising her lawful duty to visit a detention site in her own district.”

McIver was elected last year in a special election to fill the seat left vacant by the death of longtime Rep. Donald Payne, Jr. She is expected to run for a full term in November.

“The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight,” McIver said. “This administration will never stop me from working for the people in our district and standing up for what is right.”

This is a developing story and may be updated.