Democratic Congresswoman Charged With Assault After Clash with ICE

The Department of Justice has filed charges against Democratic Representative LaMonica McIver (D., N.J.) in connection with a clash with law enforcement that occurred outside an ICE facility in Newark.

Acting U.S. Attorney for the District of New Jersey Alina Habba is charging McIver for her alleged misconduct towards law enforcement in front of Delaney Hall in New Jersey earlier this month.

“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 letter shared 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.”

However, Habba is dismissing the trespassing charge against Newark Mayor Ras Baraka.

“After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” Habba said in a statement.

McIver responded to the charges in a statement shared on social media.

“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” McIver said. “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. 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.”

Department of Homeland Security (DHS) Secretary Kristi Noem weighed in on the charges against McIver, saying, “no one is above the law.”

“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 secretary wrote. “We thank our brave ICE law enforcement officers for their service to this great nation.”

An attorney for McIver called the DOJ’s decision to charge the New Jersey congresswoman “spectacularly inappropriate.”

“She went to Delaney Hall to do her job. As a member of Congress, she has the right and responsibility to see how ICE is treating detainees. Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos. This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver,” Paul Fishman said in a statement.

But the Trump administration maintains McIver assaulted law enforcement and is being treated no differently than any other American would be.

“If it was a typical U.S. citizen, and they tried to storm into a detention facility that’s housing dangerous criminals or any person at all, they would be arrested,” DHS Assistant Secretary Tricia McLaughlin said during an appearance on Fox News on Saturday. “Just because you are a member of Congress or just because you’re a public official does not mean you are above the law.”

According to reports McIver must turn herself in as soon as possible, though it is up to the magistrate on the specifics of when she must turn herself in and how.