NEWARK, N.J. — U.S. Rep. LaMonica McIver (D-N.J.) was charged Monday evening with assaulting and obstructing federal officers during a May 9 visit to the Delaney Hall immigration detention center in Newark. The charges were announced by acting U.S. Attorney Alina Habba, formerly a personal attorney to President Donald Trump.
McIver had joined fellow Democrats from New Jersey’s congressional delegation — Reps. Bonnie Watson Coleman and Robert Menendez Jr. — on an oversight tour of the ICE facility. Newark Mayor Ras Baraka accompanied the group but was denied entry and subsequently arrested for trespassing. Those charges were later dropped.
According to officials, the incident escalated when McIver attempted to bypass ICE agents, leading to what Homeland Security sources and surveillance footage reportedly confirm was a physical altercation. The Department of Justice moved forward with charges, but critics noted the DOJ did so without first consulting its Public Integrity Section — raising questions among legal observers about whether political considerations played a role.
Department of Homeland Security (DHS) Secretary Kristi Noem weighed in on the charges against McIver, saying, “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.”
Fox News has learned that McIver must turn herself in as soon as possible, though it is up to the magistrate on the specifics of when she must turn herself in and how.
Prosecutors also told Fox News that McIver faces several felony charges, so she is looking at possible time behind bars.
🚨 #BREAKING: U.S. Attorney Alina Habba has officially CHARGED Democrat Rep. LaMonica McIver with assaulting, impeding and interfering with law enforcement.
— Nick Sortor (@nicksortor) May 20, 2025
This carries up to EIGHT YEARS in federal prison
LOCK HER UP AND PERP WALK! 🔥 pic.twitter.com/CF1Bkvq2mf
McIver has denounced the prosecution as a partisan maneuver designed to chill congressional scrutiny of immigration enforcement. She accused ICE agents of initiating the confrontation and said the charges are intended to stifle accountability efforts.
“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” she wrote in a post on X. “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.”
My statement on the charges filed against me: pic.twitter.com/urxCAt1ZEc
— Rep. LaMonica McIver (@RepLaMonica) May 20, 2025
The indictment also directly challenges comments made last week by House Minority Leader Hakeem Jeffries (D-N.Y.), who warned of a red line and consequences if Democratic lawmakers were arrested. That line, it appears, has now been crossed.
May 13: Hakeem Jeffries threatens retaliation should any of the Dem House members who stormed the NJ ICE facility be arrested.
— Western Lensman (@WesternLensman) May 20, 2025
“They’ll find out. It’s a red line. There are clear lines that they dare not cross."
Rep LaMonica McIver was just charged.
Now what, Hakeem? pic.twitter.com/lPVFhdL183
Republicans have largely applauded the charges as a necessary defense of law enforcement. Democrats, meanwhile, see the case as a politically charged attempt to intimidate elected officials investigating federal agencies.
Feds well within rights to charge Rep. McIver for assaulting law enforcement at ICE facility in Newark.
— Scott Jennings (@ScottJenningsKY) May 20, 2025
The video doesn’t lie – it ain’t no cheap fake! Amazing how much energy Dems put into illegal aliens. Week after week. They’d never fight that hard for the American people. pic.twitter.com/yjP0GiJSdr
We've all seen the video of Rep. McIver at the ICE facility—it's absurd to charge a member of Congress for doing her job
— Norm Eisen (@NormEisen) May 20, 2025
What normal administration does this?
Trump's DOJ does not represent the rule of law—I discussed @weeknightmsnbc pic.twitter.com/SSKfWgyqaT
The case is expected to further inflame partisan divides over immigration policy, executive oversight, and the treatment of federal law enforcement personnel.
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Just wondering why you refer to Habba as a “Trump ally” and you didn’t refer to Alvin Bragg or Leticia James as Biden allies. Typical double standard and obvious bias.