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Charges against Rep. LaMonica McIver spark backlash after incident with ICE agents

0:59
Selaedin Maksut
Rep. LaMonica McIver charged by DOJ over incident with ICE agents
Tom Williams/CQ-Roll Call, Inc via Getty Images
ByLuke Barr
May 20, 2025, 4:51 PM

New Jersey Rep. LaMonica McIver was charged on Monday for allegedly assaulting law enforcement officers outside of an ICE detention facility earlier this month, a move the congresswoman claims was "purely political."

Acting U.S. Attorney Alina Habba announced she was charging the congresswoman with assaulting and impeding a law enforcement officer.

On May 9, McIver, along with a few other members of Congress and Ras Baraka, the mayor of Newark, New Jersey, were protesting outside of Delaney Hall, a U.S. Immigration and Customs Enforcement detention facility.

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Tensions at the protest escalated and pushing and shoving allegedly occurred, according to the U.S. attorney.

"Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement in violation of Title 18, United States Code, Section 111(a)(1)," Habba said in a statement. "That conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected."

"No one is above the law -- politicians or otherwise. It is the job of this office to uphold Justice, regardless of who you are. Now we will let the justice system work," Habba added.

Police body cam image of New Jersey Rep. LaMonica McIver outside of an ICE detention facility, in Newark, N.J., May 9, 2025.
United States District Court/District of New Jersey

President Donald Trump also claimed McIver was "out of control" while commenting on the charges at the Capitol on Tuesday.

"I have no idea who she is," Trump told reporters. "That woman was out of control. She was shoving federal agents. She was out of control. The days of that crap are over in this country. We're going to have law and order."

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Following the charges, McIver alleged in a statement that the decision was politically motivated.

"The charges against me are purely political -- they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight," McIver said. "This administration will never stop me from working for the people in our district and standing up for what is right. I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court," she added.

The complaint alleges McIver tried to "thwart the arrest" of Baraka after he had been told to leave the secured area of the facility because, unlike the congresspeople, he did not have lawful authority to be there. She is accused of making "forcible contact" with authorities, including allegedly slamming her forearm into a Homeland Security Investigations agent and pushing and using "each of her forearms to forcibly strike" an ICE officer, according to the complaint.

The complaint includes multiple stills from officer body camera footage showing what prosecutors allege were McIver's "multiple attempts to forcibly assault, resist, oppose, impede, intimidate, and interfere with the agents attempting to take the Mayor into custody."

Police body cam image of New Jersey Rep. LaMonica McIver outside of an ICE detention facility, in Newark, N.J., May 9, 2025.
United States District Court/District of New Jersey

The charges against Baraka were dropped by the U.S. attorney.

Baraka said in a statement on X that he was glad the trespassing charge against him was dismissed, but that he stands with McIver and believes she will be "vindicated."

"I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated," the mayor wrote.

Rep. LaMonica McIver speaks during a news conference with the Congressional Progressive Caucus in the Capitol Visitor Center to oppose Elon Musk gaining access to the Treasury Department's federal payment system, February 6, 2025.
Tom Williams/CQ-Roll Call, Inc via Getty Images

Top House Democrats also released a joint statement defending McIver on Monday, vowing to "vigorously" respond to what they say is an illegitimate abuse of power.

"An attack on one of us is an attack on the American people. House Democrats will respond vigorously in the days to come at a time, place and manner of our choosing," the leaders said.

Additionally, the party leaders noted that McIver toured the facility after the alleged altercation.

"There is no credible evidence that Rep. McIver engaged in any criminal activity, and she would not have been permitted to tour the facility had she done anything wrong," the lawmakers claimed.

Department of Homeland Security Secretary Kristi Noem said the charges were brought following a "thorough review of the video footage."

"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," Noem wrote on X. "We thank our brave ICE law enforcement officers for their service to this great nation."

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