Acting U.S. Attorney for the District of New Jersey Alina Habba is charging Rep. LaMonica McIver for her alleged misconduct toward law enforcement in front of Delaney Hall earlier this month, but she is dismissing the trespassing charge against Newark Mayor Ras Baraka.
“Today my office has charged Congresswoman McIver with violation of Title 18, United States Code, Section 111(a)(1) for assaulting, impeding and interfering with law enforcement,” Habba said in a post on X on Monday.
In a letter posted with the comment, Habba announced that after extensive consideration, she was dismissing charges against Baraka.
Newark Mayor Ras Baraka was charged with class C misdemeanor trespassing at the facility, which is privately operated by the GEO Group, last week, and he had his first court appearance on Thursday, which Habba personally attended.
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Rep. LaMonica McIver can be seen wearing red in this screenshot from the body camera footage DHS provided to Fox News. (Department of Homeland Security)
“We believe that I was targeted in this,” Baraka said outside the courtroom after his appearance.
Baraka and three congressional lawmakers – McIver, Robert Menendez Jr., and Bonnie Watson Coleman were outside the ICE facility last week with a group of protesters when the gates opened to allow an ICE bus in. All four officials then allegedly rushed through the gates past security, according to officials from the Department of Homeland Security.
“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 told “Fox News Live” host Kevin Corke Saturday. “Just because you are a member of Congress or just because you’re a public official, does not mean you are above the law.
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Barricades outside Delaney Hall in Newark, New Jersey, on May 13, 2025. (Cameron Arcand for Fox News Digital)
However, McIver and others allege that “ICE created chaos” and instigated the situation.
“The way we were treated at Delaney Hall is almost unbelievable. ICE shoved me, manhandled [Watson Coleman], and arrested [Baraka]. They disrespected us and tried to stop us from conducting the oversight we’re elected to do. But we’ll never back down in our fight for what is right,” McIver posted to X last week.
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The arrest came as activists had been calling for access to the facility for days, which is a privately run facility that was revamped as an immigration detention facility this year. The city says that the facility is operating without a valid certificate of occupancy, whereas the GEO Group maintains that they are in full compliance with city laws.
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Members of Congress bust into ICE detention facility in New Jersey (X / @RepBonnie)
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After another protest that went right up to the gates of Delaney Hall, large yellow barricades were placed in front of its entrance with signs warning against trespassing on private property.
Fox News Digital reached out to McIver’s office for comment.
