Rep. LaMonica McIver (D-NJ) has been indicted by US Attorney Alina Habba for allegedly obstructing Homeland Security agents during a May 9 incident at a Newark immigration detention facility. The charges, which include forcibly impeding federal officers and interfering with their arrest of Newark Mayor Ras Baraka, have been condemned by McIver’s legal team as political retaliation. The case has sparked controversy, with the White House criticizing the arrest as a ‘desperate attempt’ and the mayor suing the interim US attorney for false arrest and malicious prosecution.
According to a DOJ press release, McIver and two other members of Congress were conducting a congressional oversight visit that coincided with an immigration protest. After Baraka entered the facility’s secured area, federal agents warned him to leave. When officers tried to arrest him, McIver allegedly blocked them, putting her arms around the mayor, and ‘slammed her forearm’ into one officer while grabbing another.
Each of the first two counts carries a maximum eight-year prison sentence. The third carries up to one year. In a statement on X, Habba said: ‘While people are free to express their views… they must not do so in a manner that endangers law enforcement.’ McIver’s attorney, Paul Fishman, dismissed the case as political in a statement given to Fox News: ‘This prosecution is political retaliation against a dedicated public servant… We fully expect the Congresswoman’s exoneration.’
The preliminary hearing scheduled for Wednesday was canceled. An arraignment is expected within two weeks. The case has raised questions about the intersection of political activism and federal law enforcement, with critics arguing that the charges may be politically motivated, while the government maintains that the actions of the congresswoman and the mayor violated federal laws.