Democratic Congresswoman LaMonica McIver has been charged with assault following a confrontation outside a Newark immigration detention center. The incident has sparked legal and political controversy.
Federal officials filed two assault charges against McIver on Monday. Alina Habba, acting U.S. Attorney and a former personal lawyer to President Trump, announced the charges via social media. The case stems from a May 9 incident involving McIver, Newark Mayor Ras Baraka, and other lawmakers at Delaney Hall.
According to an unsealed complaint, McIver allegedly used her forearms to push Immigration and Customs Enforcement (ICE) officers. She also allegedly resisted attempts by officers to arrest Mayor Baraka. Officers’ body camera footage placed her visibly among a crowd of officials and law enforcement during the clash.
The ICE facility in Newark reopened recently under the Trump administration’s immigration overhaul. During the oversight visit, tensions escalated outside the gates, where protesters, journalists, ICE agents, and local politicians gathered.
Though no injuries were reported, scuffles broke out. Officials say McIver and others attempted to block ICE agents from carrying out arrests. Despite the chaos, members of Congress were later allowed inside and toured the facility.
Mayor Baraka, also a Democrat, was arrested but later cleared of trespassing charges. Habba stated she would personally give him a tour of the site in the future.
Being charged with assault is rare for a sitting member of Congress. Typically, arrests at protests are symbolic and do not lead to prosecution. However, this case required oversight by the Department of Justice’s Public Integrity Section due to its political sensitivity.
Former Justice Department official John Keller, who resigned in February, said the department’s integrity depends on avoiding the appearance of political bias in prosecutions. The Justice Department has not confirmed whether those internal protocols were followed.
New Jersey Attorney General Matt Platkin called the decision to charge McIver “extraordinary,” insisting that such steps demand undeniable proof of criminal intent.
Trump commented that McIver was “out of control” during the incident. Homeland Security officials accused the lawmakers of “storming the gate and breaking into the detention facility.”
In contrast, McIver maintains her actions were legal and appropriate. “We were fulfilling our lawful oversight responsibilities,” she said, labeling the charges as “purely political.” Leading Democrats echoed her statement, calling the charges excessive and baseless.
Baraka supported McIver, stating video evidence showed staff allowed him in and that he left peacefully when requested. His account challenges the Trump administration’s version of events.
This case, where a sitting congresswoman is charged with assault, raises further questions about the politicization of immigration enforcement. As debate over congressional oversight intensifies, the outcome could set new precedent.
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