The U.S. Attorney for the District of New Jersey, Alina Habba, announced Monday that her office is dismissing the misdemeanor trespassing charge against Newark Mayor Ras Baraka but is filing federal assault charges against Rep. LaMonica McIver (D-N.J.) following a confrontation earlier this month outside the Delaney Hall immigration detention facility.
On May 9, Mayor Baraka and three members of New Jersey’s congressional delegation, including Rep. McIver, arrived at Delaney Hall to conduct what they described as an oversight visit, a right afforded to members of Congress under federal law.
Members of Congress have explicit legal authority to visit Department of Homeland Security (DHS) facilities, including ICE detention centers, for oversight purposes.
The law states that “none of the funds appropriated or otherwise made available to the Department of Homeland Security… may be used to prevent… a Member of Congress… from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens”.
Members of Congress do not need to provide advance notice for such visits, though staff members must give at least 24 hours’ notice.
ICE guidelines require all visitors to comply with facility rules and security procedures, including identification checks and searches. While members of Congress have broad access rights, they are still expected to follow instructions from ICE personnel on site to ensure safety and order.
The group was reportedly denied entry by federal guards, leading to a heated exchange that escalated into a physical altercation. Baraka was arrested for trespassing, while McIver and other lawmakers accused ICE agents of using unnecessary force.
While Habba said the New Jersey U.S. Attorney’s office is dropping the charges against Baraka, she mentioned Congressional oversight could be forthcoming.
Rep. McIver and her attorney, Paul Fishman, called the charges “purely political” and “spectacularly inappropriate,” asserting that McIver was fulfilling her lawful oversight duties and that ICE agents escalated what should have been a routine inspection into a confrontation. McIver maintains that she and her colleagues were assaulted by ICE agents and that the prosecution is an attempt to deter legitimate congressional oversight.
In her official statement, U.S. Attorney Habba said the decision to drop the charge against Baraka was made “for the sake of moving forward,” inviting the mayor to tour Delaney Hall and vowing to personally accompany him.
Several senior House Democrats released a joint statement defending McIver, arguing that targeting her for oversight activities sets a dangerous precedent and undermines the constitutional role of Congress. They cited Section 527 of the Consolidated Appropriations Act, 2024, which reinforces the right of members to conduct unannounced oversight visits.
The Department of Homeland Security, however, contends that the lawmakers “stormed” the facility and failed to comply with established procedures, insisting that all visitors must follow facility rules regardless of their official status.
Video evidence shows Rep. McIver crossing through a gate at the facility. The footage depicts McIver being spun around in a crowd moving forward along a fence while Baraka was being detained. Her elbows and arms make contact with a federal officer. No injuries were reported as a result of the altercation.
