Newark Mayor Ras Baraka has taken a bold legal stand against interim U.S. Attorney for New Jersey Alina Habba and a Homeland Security official, filing a federal lawsuit on June 3, 2025, alleging false arrest, malicious prosecution, and defamation stemming from his contentious arrest outside the Delaney Hall Immigration and Customs Enforcement (ICE) detention center last month.
The lawsuit, which coincided with the start of early in-person voting for New Jersey's Democratic gubernatorial primary, marks a significant escalation in the ongoing tensions between local officials and the federal government over immigration enforcement and sanctuary policies. Baraka, a Democrat and one of six candidates vying to succeed term-limited Governor Phil Murphy, accuses Habba—a personal lawyer to former President Donald Trump—of using her office as a political tool rather than an impartial judicial authority.
According to the 17-page complaint, Habba authorized Baraka's arrest despite "clear evidence that Mayor Baraka had not committed the petty offense of 'defiant trespass.'" The suit further alleges that Habba acted with political motives, aiming to "turn New Jersey red" by targeting Baraka, a prominent Democratic figure. Baraka's legal team also named Ricky Patel, the Homeland Security Investigations agent in charge in Newark, asserting he played a direct role in the arrest.
The incident that sparked the lawsuit occurred on May 9, 2025, when Baraka attempted to join three Democratic members of Congress—Rob Menendez, LaMonica McIver, and Bonnie Watson Coleman—on an authorized oversight tour of Delaney Hall, a newly opened 1,000-bed federal immigration detention facility operated by the Florida-based Geo Group Inc. Baraka, an outspoken critic of the Trump administration's immigration crackdown and the detention center itself, was denied entry despite being invited inside the gates by a Geo Group staff member.
Baraka's complaint details a tense sequence of events: after waiting inside the facility's gates, he was ordered to leave by Patel and complied. However, just minutes later, approximately 20 armed and masked Department of Homeland Security agents forcibly arrested him without probable cause, violently pulling his arms and handcuffing him amid a growing crowd of protestors. Baraka was then taken to a DHS facility where he was fingerprinted and mugshotted, an experience he described as "humiliating," and held in custody for over five hours.
Compounding the legal dispute, Habba publicly declared on her personal social media account, X (formerly Twitter), that Baraka "committed trespass" and "willingly chose to disregard the law," statements the lawsuit brands as defamatory. Habba's post read: "The Mayor of Newark, Ras Baraka, committed trespass and ignored multiple warnings from Homeland Security Investigations to remove himself from the ICE detention center in Newark, New Jersey this afternoon. He has willingly chosen to disregard the law. That will not stand in this state. He has been taken into custody. NO ONE IS ABOVE THE LAW." Baraka's team contends that these public statements, along with similar comments made on Fox News and other appearances, were part of a coordinated effort to malign the mayor and justify his arrest.
Baraka himself expressed deep frustration over the ordeal, emphasizing the personal and political implications. "To arrest me, to handcuff me, to drag me away, to take my fingerprints and a picture and mugshots for a class-C misdemeanor is egregious," he said during a press conference on June 3, 2025. He also highlighted the racial dynamics at play, noting, "When people see me in cuffs, they automatically believe I did something wrong, I was guilty. The reality is, I didn’t do anything."
The legal fallout included the swift dismissal of the trespassing charge against Baraka just 13 days after his arrest. U.S. Magistrate Judge André Espinosa rebuked the U.S. Attorney’s Office for what he described as a "worrisome misstep," criticizing the "apparent rush" to arrest Baraka and the "embarrassing retraction" of charges. "Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas," Espinosa admonished. "Your allegiance is to the impartial application of the law, to the pursuit of truth and to the upholding of due process for all. Your office must operate with a higher standard than that." The dismissal was with prejudice, meaning the charges cannot be brought again.
Meanwhile, charges against Representative LaMonica McIver, one of the lawmakers arrested alongside Baraka, remain pending. McIver faces two felony counts of assaulting law enforcement officers during the protest and has decried the charges as "purely political." Her preliminary hearing is scheduled for later in June 2025.
Habba, undeterred by the lawsuit, responded on social media with a pointed message to Baraka, advising him to "feel free to join me in prioritizing violent crime and public safety. Far better use of time for the great citizens of New Jersey." The Department of Homeland Security also dismissed Baraka's lawsuit as "frivolous," with assistant secretary Tricia McLaughlin stating that Baraka's actions "put the safety of our law enforcement agents and the staff at Delaney Hall at risk—all for the sake of the dangerous criminals housed there."
Baraka's legal team, led by attorney Nancy Erika Smith, has indicated plans to also sue the federal government itself, though they must wait six months before proceeding. Smith condemned the arrest as a "political prosecution," saying, "Political prosecutions are for fascist countries, not the United States of America. Mayor Baraka was a target because he has stood up for the constitutional and human rights of all people, including immigrants." She also pointed to a decline in violent crime during Baraka's tenure as mayor, countering Habba's criticism.
The Delaney Hall facility, which opened earlier in 2025, became a flashpoint in New Jersey's ongoing immigration policy battles. The Trump administration has aggressively expanded detention capacity nationwide, awarding Geo Group a 15-year, $1 billion contract for Delaney Hall in February 2025. Baraka sued Geo Group shortly after the contract announcement, and the Justice Department filed suit against Newark and other New Jersey cities over their so-called sanctuary policies, which limit cooperation with federal immigration enforcement.
Baraka framed his lawsuit as a necessary step to hold federal officials accountable and prevent further abuses. "This is not about revenge," he said. "Ultimately, I think this is about them taking accountability for what has happened to me." With the New Jersey Democratic primary just days away, the lawsuit adds a dramatic chapter to Baraka's gubernatorial campaign, underscoring the complex intersections of local politics, immigration enforcement, and civil rights.
