On June 10, 2025, a federal grand jury indicted New Jersey Representative LaMonica McIver on three counts related to an incident at the Delaney Hall Immigration and Customs Enforcement (ICE) detention facility in Newark. The charges allege that McIver forcibly impeded and interfered with federal law enforcement officers during a heated confrontation last month, marking a significant escalation in the Trump administration’s efforts to clamp down on opposition to its immigration policies.
The indictment, announced by Acting U.S. Attorney for New Jersey Alina Habba, accuses McIver of assaulting, resisting, impeding, and interfering with federal officials. Two of the counts carry a maximum sentence of eight years, while the third count is a misdemeanor punishable by up to one year in prison. Habba emphasized on X, the social media platform formerly known as Twitter, that while Americans have the right to express their views on policies, it must not be done in a way that endangers law enforcement officers or the communities they protect.
McIver, a Democrat who first took office in September 2024 and was elected to a full term in November, has vowed to fight the charges and plans to plead not guilty. She described the indictment as "a brazen attempt at political intimidation," accusing the Trump administration of trying to scare her and dodge accountability for the chaos caused by ICE. "The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are," she said in a statement.
The incident in question occurred on May 9, 2025, during a congressional oversight visit to Delaney Hall, a 1,000-bed privately owned ICE detention center. McIver was joined by two other New Jersey Democrats, including Newark Mayor Ras Baraka, who was also present and was arrested on trespassing charges during the visit. The charges against Baraka were later dropped, and he is now suing Habba for malicious prosecution. The initial arrest was criticized by a federal magistrate judge as a "worrisome misstep" and an "embarrassing retraction."
According to the Department of Justice, the confrontation escalated when a federal officer ordered Mayor Baraka to leave a secured area of the facility or face arrest. McIver allegedly intervened by putting her arms around Baraka to block his arrest, shouting "Hell no! Hell no!" The indictment further alleges that McIver "slammed her forearm into the body" of one law enforcement officer and tried to restrain him by forcibly grabbing him. She also reportedly pushed past a second officer, using both forearms to strike him forcibly.
Videos released by the Department of Homeland Security show McIver, wearing a red jacket, moving through a tightly packed crowd of officers and protesters near the facility’s fence. The footage captures her using her elbows to push past an officer, though it remains unclear whether the contact was intentional or incidental amid the chaotic scene. The complaint and indictment describe a physical altercation that McIver’s defense team contests.
McIver’s attorney, Paul Fishman, a former U.S. Attorney for New Jersey, has pledged to challenge the allegations vigorously. He described the situation as a "melee" resulting from federal agents attempting to arrest Baraka, with McIver caught in the fray. Fishman noted that McIver was "barely able to keep her balance" and was sometimes shoved, leading her to raise her arm in an effort to free herself. He argued that the prosecution is politically motivated, stating, "The legal process will expose this prosecution for what it truly is — political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities."
Legal experts suggest that McIver may invoke the Constitution’s Speech and Debate Clause, which grants members of Congress immunity from civil and criminal liability for legislative acts, including oversight activities. However, it remains uncertain how far this protection extends, especially concerning alleged physical assaults on federal officers. Prosecutors are likely to argue that any immunity does not cover violent conduct.
The political context surrounding the case is charged. The prosecution is seen by many as part of the Trump administration’s broader crackdown on immigration and dissent. Critics point to the administration’s contradictory stance, noting that while McIver faces prosecution for an alleged scuffle, President Trump pardoned hundreds of individuals involved in violent assaults during the January 6 Capitol riot, as well as political allies convicted of serious crimes. This inconsistency may influence public opinion and potentially the jury’s perspective.
The jury pool in Newark, where the case will be heard, is drawn from counties that heavily favored former Vice President Kamala Harris over Trump in the 2024 election by a margin of about 55-42 percent. This demographic factor could pose additional challenges for the prosecution. Moreover, as a first-time offender, McIver’s chances of receiving prison time even if convicted are considered low, with fines or other penalties more likely.
Reactions among lawmakers have split largely along party lines. Republican Representative Marjorie Taylor Greene praised the indictment, tweeting, "this is how it’s done!! Way to go @AlinaHabba!!" On the other hand, Democratic Senator Andy Kim called the indictment an "attempt at political intimidation," asserting that McIver and Congress will not back down from their oversight responsibilities.
The charges against McIver stem from a rare federal criminal case involving a sitting member of Congress for allegations beyond fraud or corruption. Members of Congress have the legal right to conduct oversight visits to federal immigration facilities, even without prior notice, as established by a 2019 appropriations bill. McIver’s visit to Delaney Hall was part of this oversight duty.
Despite the serious nature of the charges, observers note that the case could falter due to the peculiar circumstances and political overtones. The dropped charges against Baraka, the ambiguity in the video evidence, and the constitutional protections available to legislators all complicate the prosecution’s path forward. The Department of Justice’s decision to pursue the indictment amidst these factors is seen by some as a strategic move to intimidate political opponents rather than a straightforward pursuit of justice.
As the legal process unfolds, McIver’s case will be closely watched as a barometer of the Trump administration’s approach to dissent and immigration policy enforcement. Whether the indictment leads to a conviction or is ultimately dismissed, the episode underscores the deep divisions and tensions in American politics surrounding immigration and the limits of political protest.
For now, McIver remains defiant, committed to her role as a congresswoman and oversight advocate. "I will not be intimidated," she said, signaling her readiness to confront the charges head-on and continue her work on behalf of her constituents in New Jersey’s 10th District.
