May 19, 2025 Story by: Editor
This article now incorporates comments from Congressional Black Caucus (CBC) members, specifically Chair Yvette D. Clarke (NY-09) and Senator Cory Booker (D-NJ).
The U.S. Department of Justice on Monday announced criminal charges against Rep. LaMonica McIver, a Democratic congresswoman from Newark, for assaulting a federal contractor. Simultaneously, federal prosecutors dropped separate trespassing charges against Newark Mayor Ras Baraka, who had been accused of unlawfully entering a privately owned ICE-affiliated facility.
The announcement marks a rare moment in which two high-profile elected officials from the same city found themselves at the center of federal investigations—one moving forward, the other dropped.
Assault Allegations Against Rep. LaMonica McIver
According to court documents unsealed Monday, Rep. LaMonica McIver is facing federal assault charges stemming from a physical altercation with a security contractor at a U.S. Immigration and Customs Enforcement (ICE) facility in New Jersey. The incident allegedly occurred earlier this spring, when McIver joined a group of community advocates and elected officials visiting the property as part of a protest against immigration-related detentions.
Federal prosecutors allege that during a verbal confrontation over access to the facility grounds, McIver “willfully and unlawfully struck” a federal contractor in an act they say went beyond the bounds of legal protest or congressional oversight.
The Justice Department emphasized that while elected officials are entitled to exercise their First Amendment rights, “they are not above the law.”
“Assaulting a federal employee or contractor engaged in official duties is a serious federal offense,” the DOJ said in a statement. “Our office remains committed to protecting the rule of law, regardless of status or office.”
McIver, who was elected to Congress in 2022 and is a member of the House Committee on Homeland Security, has denied the allegations and vowed to fight the charges. In a brief statement released by her office, she called the DOJ’s move “a politically motivated attempt to silence dissent against inhumane ICE practices.”
“I will not be intimidated by federal overreach or attempts to criminalize protest,” McIver said. “I look forward to clearing my name in court.”
Legal analysts note that federal assault charges against a sitting member of Congress are exceedingly rare. If convicted, McIver could face fines and up to one year in prison.
Trespassing Charges Dropped Against Mayor Ras Baraka
In the same case, federal authorities confirmed they are no longer pursuing misdemeanor trespassing charges against Newark Mayor Ras Baraka, who had accompanied McIver and others during the March protest at the ICE-affiliated site. Prosecutors said there was insufficient evidence to proceed and acknowledged that Baraka had exited the facility grounds promptly when asked.
“After reviewing the facts and circumstances, including Mayor Baraka’s cooperation with law enforcement and immediate compliance with directives, we have decided not to pursue criminal charges,” said U.S. Attorney Philip Sellinger.
Baraka’s office released a statement welcoming the decision, reiterating that the mayor had entered the premises in the context of a peaceful demonstration and out of concern for community members impacted by ICE detentions.
“Mayor Baraka is relieved that the matter has been resolved and remains committed to advocating for the rights and dignity of immigrant families,” the statement said.
Political Fallout and Community Reaction
The case has drawn fierce reactions from both sides of the political spectrum. Conservative commentators have pointed to the charges against McIver as evidence of “radical overreach” among progressive lawmakers, while supporters of the congresswoman and mayor have called the DOJ’s actions selectively aggressive.
Immigrant rights groups have rallied behind both McIver and Baraka, praising their efforts to confront federal immigration enforcement agencies. “These charges are clearly meant to chill activism and intimidate local officials who dare to stand up to ICE,” said Erika Núñez, director of the New Jersey Immigrant Justice Coalition.
Others, however, expressed concern that elected leaders should be held to a higher standard, particularly when engaging with federal personnel and property. “Protest must remain peaceful, especially when carried out by those entrusted with public office,” said John Farmer Jr., former New Jersey attorney general.
A Tense Relationship with ICE
The ICE-affiliated facility at the center of the controversy is privately owned and has become a flashpoint for activism in recent years. Though technically not operated by ICE itself, the facility has been used under federal contract to hold detainees in transit. Local leaders and advocacy organizations have long criticized the site, citing a lack of oversight and transparency.
In the wake of Monday’s announcement, activists renewed calls for the facility’s closure and for broader reforms to federal immigration detention practices.
Comments from the Congressional Black Caucus:
“Members of Congress have every right to conduct oversight at ICE facilities or any other Federal agency. And, when egregious, undeniable, and vicious violations of the law and people’s freedoms are taking place, they – in fact – have an obligation to do so,” Congressional Black Caucus Chair Yvette D. Clarke (NY-09) said. “No matter how many attempts this administration makes to intimidate Congress, local leaders, the federal workforce, or anyone who stands up against the Trump regime, you should know our resolve is only deepened by this disgusting attack. And if you want to get to LaMonica, you’re going to have to go through a hell of a lot of us first. You do not have the capacity to scare us.”
“These charges are clearly unfounded,” Senator Cory Booker (D-NJ) said. “Representative McIver was exercising her legally protected authority as a member of Congress to conduct oversight of a detention center that receives millions of taxpayer dollars. Federal officials unnecessarily escalated what should have been a run-of-the-mill inspection of the facility. In fact, Representative McIver’s actions were so unremarkable that she was invited back inside to finish her tour that day, after these events took place. Pursuing this case against Representative McIver will divert considerable resources away from serious matters of public safety. The Department of Justice should drop these charges immediately,”
What’s Next?
Rep. McIver is scheduled to appear in federal court later this month. While Mayor Baraka faces no further legal action, the case is likely to cast a long shadow over both his and McIver’s political futures.
For McIver, the legal battle comes at a particularly precarious time. She had been floated as a potential candidate for statewide office and is a prominent voice in New Jersey’s progressive wing. If convicted, even on a misdemeanor charge, the consequences could derail her career.
The situation also underscores the growing tension between local elected officials and federal immigration enforcement, particularly in sanctuary jurisdictions like Newark. With protests intensifying and political divisions deepening, the fallout from this case may extend well beyond the courtroom.
