TRENTON, N.J. (AP) — U.S. Representative LaMonica McIver was indicted Tuesday on federal charges alleging she assaulted and obstructed immigration officers outside a New Jersey detention center. The incident occurred during the arrest of Newark Mayor Ras Baraka, who was attempting to join a congressional oversight visit that had sparked tensions.
Acting U.S. Attorney for New Jersey, Alina Habba, announced the grand jury indictment via a post on X (formerly Twitter), stating: “While individuals are entitled to express their views, they must not do so in a way that puts law enforcement or the public at risk.”
McIver responded by calling the charges a form of political intimidation by the Trump administration. “The facts will show I was simply doing my job, and these charges are a blatant attempt to silence and intimidate,” she said.
McIver, a Democrat, had previously been charged with two counts of assault related to the May 9 visit to Newark’s Delaney Hall, a privately run, 1,000-bed facility used by Immigration and Customs Enforcement (ICE). The indictment now includes three counts of assaulting, resisting, and impeding federal officers — two of which carry potential prison sentences of up to eight years, and one carrying up to one year.
Her attorney, former U.S. Attorney Paul Fishman, said they plan to fight the charges in court, describing the case as “political retaliation against a committed public official fulfilling her oversight duties.”
The charges come amid escalating tensions between the Trump administration and Democratic officials in Newark over immigration enforcement. This case marks a rare instance of a sitting member of Congress facing federal criminal charges unrelated to fraud or corruption.
Mayor Baraka, who was also present at the protest, was arrested for trespassing — a charge later dropped. He is now suing Habba, accusing her of malicious prosecution.
Footage released by the Department of Homeland Security shows McIver on the facility side of a chain-link fence just before Baraka’s arrest. The video captures her moving through the gate with others and appearing to push her elbows into a uniformed officer during a chaotic scene. It’s unclear whether the contact was intentional or accidental.
According to the complaint, McIver allegedly “slammed” her forearm into an officer and attempted to restrain him. The indictment also accuses her of wrapping her arms around the mayor in an effort to prevent his arrest.
McIver was joined at the facility by fellow New Jersey Representatives Bonnie Watson Coleman and Rob Menendez. Both lawmakers and other Democrats have criticized the charges and defended McIver’s actions.
By law, members of Congress have the right to enter federal immigration facilities without prior notice for oversight purposes — a provision reaffirmed in a 2019 appropriations bill.
McIver, 38, won a special election in September to fill the seat of the late Rep. Donald Payne Jr. and was elected to a full term in November. A Newark native, she previously served as president of the Newark City Council and worked in the city’s public schools.
