DOJ Charges Democratic Congresswoman Over Newark ICE Facility Incident -- WSJ

Dow Jones
May 20

By Sadie Gurman

The Justice Department is charging a Democratic congresswoman with assault after a confrontation with federal law-enforcement officials who arrested Newark's mayor outside an immigration detention center in the New Jersey city earlier this month.

Rep. LaMonica McIver will be charged with assaulting, resisting and impeding law-enforcement officers after attempting to enter the Delaney Hall detention center with two other members of New Jersey's congressional delegation on May 9.

Alina Habba, the Trump-appointed acting U.S. attorney in New Jersey, also said Monday that her office was dropping a misdemeanor trespass charge brought against Newark's mayor, Ras Baraka, who was arrested after attempting to join them. She said she had invited Baraka to tour the facility. "The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand," she said.

Habba said she had tried, unsuccessfully, to reach a resolution with McIver. "No one is above the law -- politicians or otherwise," Habba said. "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's attorney, Paul Fishman, the former U.S. attorney for New Jersey, said in a statement that the decision to charge McIver was "spectacularly inappropriate." She went to Delaney Hall "to do her job" and has the responsibility as a member of Congress to monitor ICE's oversight of detainees, he said.

"The charges against me are purely political -- they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight," McIver said in a statement on X.

The charges are an escalation of the Trump administration's efforts to crack down on officials who don't cooperate fully on federal immigration matters in cities. The Justice Department recently charged a state judge in Wisconsin for allegedly helping a noncitizen appearing in her courtroom evade ICE agents.

House Democratic leadership rallied around McIver and condemned the criminal charge, saying it was "extreme, morally bankrupt and lacks any basis in law or fact." Members of Congress are allowed to carry out oversight of the executive branch "wherever and whenever is needed," they said, adding: "Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions."

The Delaney Hall facility has been a point of friction with Democratic leadership in the city for weeks. Newark officials notified its owner, GEO Group, earlier this month that the facility had fire-code violations. The facility also lacks proper construction permits and other approvals, according to city officials. Newark sued its owner, GEO Group, over the dispute last month. A Homeland Security spokesperson said previously that the facility had valid permits and cleared inspections for plumbing, electricity and fire codes.

Baraka, who is serving his third term as mayor of Newark and is running for New Jersey governor, has led several protests outside the jail as part of the pushback against the Trump administration's campaign to increase deportations of people in the U.S. illegally.

Homeland Security Secretary Kristi Noem said Monday that the decision to charge McIver came after a thorough review of footage from the May 9 incident. "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," she said in a post on X.

Write to Sadie Gurman at sadie.gurman@wsj.com

 

(END) Dow Jones Newswires

May 19, 2025 22:41 ET (02:41 GMT)

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