- Rep. LaMonica McIver charged under Title 18 U.S. Code §111(a)(1) for assaulting federal officers
- U.S. Attorney Alina Habba says McIver declined multiple opportunities to resolve the issue peacefully
- House Democrats denounce charges as politically motivated and legally unfounded
- McIver calls the charges an attempt to “criminalize oversight” and vows to fight in court
NEWARK, N.J. — U.S. Attorney Alina Habba has formally charged Rep. LaMonica McIver (D-NJ) with assaulting, impeding, and interfering with federal law enforcement officers during a visit to Delaney Hall detention facility. The charge, filed under Title 18, U.S. Code §111(a)(1), follows what Habba described as “repeated efforts” to resolve the matter without legal action.
In her official statement, Habba said:
— U.S. Attorney Alina Habba
According to Habba, McIver’s actions during an ICE inspection “cannot be overlooked” and violated federal law designed to protect officers in the line of duty. She also dismissed a separate misdemeanor trespass charge against Newark Mayor Ras Baraka, citing “public interest” and transparency. Habba personally invited the mayor to tour Delaney Hall, saying, “The government has nothing to hide at this facility.”
Kristi Noem, Secretary of Homeland Security, supported the charges in a statement on X, writing that after a full HSI investigation and video review, the decision to prosecute was justified. “If any person… assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law,” Noem said.
McIver Denies Charges: “Purely Political”
Rep. McIver responded forcefully, accusing the administration of distorting her actions and attempting to deter congressional oversight. In her public statement, McIver said:
“The charges against me are purely political — they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight. This administration will never stop me from working for the people in our district and standing up for what is right.”
McIver maintains that her visit to Delaney Hall was part of a lawful congressional inspection, not an act of aggression. She says the altercation began when ICE agents “created an unnecessary and unsafe confrontation” by arresting Mayor Baraka during the delegation’s visit.
House Democratic Leadership Slams Trump Administration
The House Democratic leadership issued a blistering joint statement condemning the charges as “morally bankrupt” and lacking legal merit. In a statement posted by Leader Hakeem Jeffries and co-signed by Whip Katherine Clark, Caucus Chair Pete Aguilar, Vice Chair Ted Lieu, and Assistant Leader Joe Neguse, they stated:
“The criminal charge against Congresswoman LaMonica McIver is extreme, morally bankrupt and lacks any basis in law or fact… House Democrats will not be intimidated by the Trump administration. Not today. Not ever.”
The statement emphasized that congressional members are lawfully permitted to conduct unannounced oversight visits to federal facilities. The leadership also noted that following the alleged confrontation, McIver and other lawmakers were permitted to tour Delaney Hall for nearly an hour — a move they say contradicts the claim that McIver committed any wrongdoing.
The incident has reignited partisan tensions over executive overreach and congressional accountability, with House Democrats pledging to “respond vigorously” to what they describe as “an attack on the American people.”
What Comes Next?
Rep. McIver’s case now moves into the federal judicial process, with video footage and witness accounts expected to play a central role. Legal experts say the outcome could have broad implications for how congressional oversight is interpreted and enforced under the current administration.
Meanwhile, the public and political fallout continues to grow, with both sides doubling down on their positions — setting the stage for a high-profile legal and constitutional confrontation.
(with statements from U.S. Attorney Alina Habba, Secretary Kristi Noem, Rep. LaMonica McIver, and House Democratic Leadership)
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