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Prosecutor charges Democratic Rep. McIver pushed, grabbed agents while trying to stop mayor’s arrest

May 20, 2025, 8:04 AM

Congresswoman Rep. LaMonica McIver, D-N.J., exits the grounds at Delancey Hall ICE detention prison...

Congresswoman Rep. LaMonica McIver, D-N.J., exits the grounds at Delancey Hall ICE detention prison, Friday, May 9, 2025, in Newark, N.J, (AP Photo/Angelina Katsanis)
Credit: ASSOCIATED PRESS

(AP Photo/Angelina Katsanis)

Federal prosecutors alleged Democratic Rep. LaMonica McIver of New Jersey pushed and grabbed officers while attempting to block the arrest of the Newark mayor outside an immigration detention facility, according to charges in court papers unsealed on Tuesday.

In an eight-page complaint, interim U.S. Attorney Alina Habba’s office said McIver was protesting the removal of Newark Mayor Ras Baraka from a congressional tour of the Delaney Hall detention center in Newark on May 9.

The complaint says she attempted to stop the arrest of the mayor and pushed into agents for Homeland Security Investigations and Immigration and Customs Enforcement. She faces two counts of assaulting, resisting and impeding an officer.

McIver has denied any wrongdoing and has accused federal agents of escalating the situation by arresting the mayor. She denounced the charge as 鈥減urely political鈥 and said prosecutors are distorting her actions in an effort to deter legislative oversight.

Habba had charged Baraka with trespassing after his arrest but dismissed the allegation on Monday when she said in a social media post she instead was charging the congresswoman.

Prosecuting McIver is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption.

The case instantly taps into a broader and more consequential struggle between a Trump administration engaged in overhauling immigration policy and a Democratic party scrambling to respond.

Within minutes of Habba鈥檚 announcement, McIver鈥檚 Democratic colleagues cast the prosecution as an infringement on lawmakers鈥 official duties to serve their constituents and an effort to silence their opposition to an immigration policy that helped propel the president back into power but now has emerged as divisive fault line in American political discourse.

Members of Congress are authorized by law to go into federal immigration facilities as part of their oversight powers, even without advance notice. Congress passed a that spelled out the authority.

A nearly two-minute clip released by the Homeland Security Department shows McIver on the facility side of a chain-link fence just before the arrest of the mayor on the street side of the fence. She and uniformed officials go through the gate and she joins others shouting they should circle the mayor. The video shows McIver in a tightly packed group of people and officers. At one point her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word 鈥淧olice鈥 on it.

It isn鈥檛 clear from bodycam video whether that contact was intentional, incidental or a result of jostling in the chaotic scene.

The complaint says she 鈥渟lammed鈥 her forearm into an agent and then tried to restrain the agent by grabbing him.

Tom Homan, President Donald Trump’s top border adviser, said during an interview on Fox News Tuesday 鈥渟he broke the law and we鈥檙e going to hold her accountable鈥

鈥淵ou can鈥檛 put hands on an ICE employee. we鈥檙e not going to tolerate it,” he said.

McIver, 38, first came to Congress in September in a special election after the death of Rep. Donald Payne Jr. left a vacancy in the 10th District. She was then elected to a full term in November. A Newark native, she served as the president of the Newark City Council from 2022 to 2024 and worked in the city鈥檚 public schools before that.

House Democratic leaders decried the criminal case against their colleague in a lengthy statement in which they called the charge 鈥渆xtreme, morally bankrupt鈥 and lacking 鈥渁ny basis in law or fact.鈥

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Prosecutor charges Democratic Rep. McIver pushed, grabbed agents while trying to stop mayor’s arrest