NJ Congresswoman Pleads Not Guilty To ICE Officer Assault Charges

Rep. LaMonica McIver (D-10th) pleaded not guilty to charges stemming from a controversial incident at Delaney Hall last month, where she was accused of assaulting and interfering with Immigration and Customs Enforcement officers (ICE).

Immigrant rights and labor organizations held a rally outside of the federal courthouse in Newark to support the congresswoman. At the rally, advocates warned that the charges against McIver were meant not only to pressure her, but also to instill fear in anyone who stands up to power, threatening democracy and the rights of all who seek justice and oversight.

“We have seen many attacks on due process and on free speech, and this is all a pattern of intimidation that is meant to make sure that we are too scared, that we are deterred from standing up with our communities and standing up to people in power who are causing harm,” said Ami Kachalia of ACLU New Jersey.

McIver was indicted earlier this month and could face up to 17 years in prison. The charges against her arise from a May 9 oversight visit to Delaney Hall, a 1,000-bed immigration detention facility in Newark that has been at the center of controversy.

The indictment said that McIver allegedly “slammed her forearm” into a Homeland Security agent and “forcibly struck” an ICE agent during Mayor Ras Baraka’s arrest. 

The Department of Homeland Security released video footage of the incident, where McIver can be seen in a large crowd with her arms up, her elbow pressing into a man wearing tactical gear with the word “police” across his chest. It is unclear from the footage whether she was jostled  around from the crowd as they screamed and shouted.

According to her attorney, Paul Fishman, McIver was acting within her rights and responsibilities as a member of Congress, seeking to inspect conditions at the facility on behalf of her constituents. 

“She was there to see for herself and on behalf of the people… whether the Trump administration was obeying the laws of the United States and the Constitution in that space,” said Fishman, who also served as the former U.S. Attorney for the District of New Jersey. “Now the administration is doubling down by charging our client with three counts of federal criminal law.”

The case is being prosecuted by Alina Habba, the acting U.S. Attorney for the District of New Jersey. Habba is a high-profile attorney and political advisor, known for her previous role as a personal attorney and spokesperson for Donald Trump, and for serving as a senior advisor to his Super PAC.

Habba has drawn controversy for her aggressive approach and public statements about turning “New Jersey red.”

“Our commitment is resolute — we back the blue. I fully support congressional oversight, but I will never support violence or interfering with law enforcement,” Habba told the New York Post.

Standing outside the courthouse after her arraignment, McIver thanked rally goers for their support, saying “this is all about political intimidation.”

“They will not intimidate me. They will not stop me from doing my job. I will continue to do what the people of the 10th Congressional District elected me to do,” she told the crowd.

Fishman, echoed her stance, stating, “We are eager to challenge these charges in federal court on legal and factual grounds, and we are confident that when we are done, the legal system will vindicate the congresswoman.”

As the rally continued, temperatures soared as supporters armed themselves with water bottles, cooling fans and signs. Speakers noted the prosecution was a part of a broader pattern of political retaliation against Black women and leaders of color.

“So we must speak the truth about what is happening here, about the backlash against leaders of color, elected officials of color,” said Antoinette Miles of the New Jersey Working Families Party. “We must speak on the truth that LaMonica McIver follows in the footsteps of many Black women who have spoken truth to power.”

Faith leaders, community organizers and local officials—including Mayor Ras Baraka—joined the crowd, calling the charges “unjust” and the prosecution a threat to democracy itself. For many at the rally in Newark, the day was about more than one lawmaker’s legal battle.

“We must not let our efforts end here, today. We must go out into our community and talk about what is happening so that we can build the widest coalition as possible to take back our country,” said Miles.