Acting U.S. Attorney for the District of New Jersey Alina Habba has filed federal charges against Rep. LaMonica McIver (D-N.J.) for allegedly obstructing federal officers during a tense encounter at the Delaney Hall detention facility earlier this month. At the same time, prosecutors have opted to drop a trespassing charge previously brought against Newark Mayor Ras Baraka in connection with the same incident.
In a letter made public on Monday, Habba cited Section 111(a)(1) of Title 18 in accusing Rep. McIver of assaulting and interfering with law enforcement officers. “That conduct cannot be overlooked by the chief federal law enforcement official in New Jersey,” she wrote. “It is my Constitutional duty to ensure our officers are protected while carrying out their responsibilities.”
The incident occurred during what McIver described as a congressional oversight visit to inspect the treatment of ICE detainees at Delaney Hall, a privately operated facility in Newark. In a statement posted to social media, McIver defended her actions, calling the charges politically motivated.
“Our visit was intended to be short and peaceful,” she said. “Instead, ICE escalated the situation when they arrested Mayor Baraka. These charges distort the truth and aim to intimidate lawmakers from doing our job.”
The Department of Homeland Security, however, presented a starkly different account. According to DHS officials, McIver, Baraka, and two other lawmakers—Reps. Robert Menendez Jr. and Bonnie Watson Coleman—rushed past security when the facility’s gates opened for an incoming ICE transport vehicle. The department claims their actions compromised security and warranted a law enforcement response.
“Just because someone holds public office does not place them above the law,” said DHS Assistant Secretary Tricia McLaughlin in a weekend interview. “If any private citizen had stormed a detention facility, they would have been arrested. The same standard applies to elected officials.”
McIver and her colleagues have sharply disputed that characterization, accusing ICE officers of provoking the confrontation. “I was shoved. Congresswoman Watson Coleman was manhandled. And Mayor Baraka was unjustly arrested,” McIver wrote last week. “We were simply doing our job—conducting lawful oversight. ICE created the chaos, not us.”
Despite the controversy, prosecutors announced they would not pursue charges against Mayor Baraka, who had faced a misdemeanor trespassing count for entering the facility without authorization. Habba personally attended Baraka’s initial court appearance last week before formally dismissing the case.
In a statement Monday, Baraka welcomed the decision and reiterated his commitment to detainee advocacy. “I’m pleased the U.S. Attorney’s Office recognized this case should be dismissed,” he said. “I will continue pressing Delaney Hall for humane conditions and full compliance with Newark’s regulations.”
Baraka also expressed support for Rep. McIver, describing her as a longtime colleague and a “daughter of Newark.” “I stand with LaMonica and expect her to be fully vindicated,” he said.
According to DOJ sources, McIver faces multiple felony charges and is expected to surrender to authorities soon, though the exact timeline will be determined by a federal magistrate.
The broader context of the dispute involves growing concerns about the Delaney Hall facility itself. Activists and city officials argue that the site is operating without a valid certificate of occupancy, while GEO Group, which manages the facility, maintains it is in full compliance with all legal requirements. In response to ongoing protests, large barricades and new signage have been installed outside the facility’s gates warning against trespassing.
As both the legal battle and political debate unfold, McIver remains defiant. “We will not be silenced. We will not be deterred. I will keep fighting for my district—and for justice,” she declared.
