A Democratic congresswoman from New Jersey was charged with assault after trying to tour ICE facility earlier this month.
Rep. LaMonica McIver (D-N.J.) was charged Monday by Acting U.S. Attorney for the District of New Jersey Alina Habb, per Fox News. Habb also dismissed the trespassing charge against Newark Mayor Ras Baraka.
“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 on X Monday. “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.”
McIver posted her response on X.
“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” McIver wrote. “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.”
She claimed the charges against her are politically motivated.
“The charges against me are purely political – they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight,” she wrote. “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 said “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.”
McIver must turn herself in as soon as possible and faces several felony charges. She could spend time in prison, prosecutors said.
However, charges against Baraka were dismissed. The mayor was facing trespassing charges.
Baraka released a statement Monday.
“I am glad that the U.S. Attorney has agreed that this case should be dismissed,” he said. “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.”
“I understand that the U.S. Attorney has chosen to charge Congresswoman LaMonica McIver with assaulting law enforcement,” Baraka added. “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.”
Baraka and three members of congress – McIver, Robert Menendez Jr., and Bonnie Watson Coleman — were outside the ICE facility when they allegedly rushed in when the gates opened.
“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. “Just because you are a member of Congress or just because you’re a public official, does not mean you are above the law.
