Federal Judge Dismisses Trespassing Charge Against Newark Mayor Baraka, Criticizes U.S. Attorney Alina Habba

In a sharply worded decision on Wednesday, U.S. Magistrate Judge André M. Espinosa dismissed a misdemeanor trespassing charge against Newark Mayor Ras Baraka, rebuking the U.S. Attorney’s Office for the District of New Jersey—led by interim U.S. Attorney Alina Habba—for what he described as a premature and politically tinged prosecution.

The charge originated from a May 9 protest outside Delaney Hall, a privately operated Immigration and Customs Enforcement (ICE) detention center in Newark. Mayor Baraka, joined by Representatives LaMonica McIver, Bonnie Watson Coleman, and Rob Menendez, sought oversight access to the site, which city officials argue is operating without required municipal permits. Baraka’s arrest drew immediate backlash from civil rights advocates and elected officials.

In dismissing the charge just 13 days later, Judge Espinosa called it an “embarrassing retraction” and criticized federal prosecutors for failing to conduct a proper investigation before taking action.

Espinosa further warned that federal prosecutors must avoid being swayed by public clamor or political agendas. He stressed that their sole client is “justice itself,” and contrasted this episode with the office’s otherwise strong historical reputation.

Baraka’s legal team insisted he never trespassed, citing video footage released by his office that shows him being invited past the facility gates and later leaving voluntarily. His attorneys also argued that ICE agents lacked jurisdiction to arrest him, since he was on public property. The footage appeared to contradict earlier statements from the U.S. Attorney’s Office claiming Baraka had ignored multiple warnings to vacate the premises, according to MSN.

Espinosa’s ruling echoed those arguments. “It is deeply troubling,” he added, “that a federal prosecutor would proceed with a charge that lacked both investigative diligence and common sense,” as reported by New Jersey Globe.

Interim U.S. Attorney Alina Habba, appointed in March 2025 despite having no prior prosecutorial experience, dropped the trespassing charge on May 19 and offered to personally escort Baraka on a tour of Delaney Hall “to promote transparency.” However, in the same statement, she filed felony assault charges against Rep. LaMonica McIver, accusing her of attacking federal ICE officers during the protest. McIver has denied the allegations, and her attorney, former U.S. Attorney Paul J. Fishman, called the case “completely baseless and politically motivated.”

Democratic lawmakers, including Rep. Frank Pallone, strongly condemned the handling of the case, warning it reflected “a dangerous politicization of law enforcement.” Pallone declared, “This crosses a red line,” adding that targeting elected officials for participating in protests “resembles authoritarian behavior.”

By contrast, some Republicans defended Habba’s move to drop the charge against Baraka. State Sen. Joe Pennacchio described it as “a reasonable step toward de-escalation,” though he offered no support for the felony charges against McIver.

The incident has intensified scrutiny of federal immigration policy under the Trump administration and the role of private detention facilities like Delaney Hall, which is operated by the GEO Group. Baraka and his congressional allies say they will continue to demand oversight and accountability, citing alleged violations and substandard conditions inside the center.

Meanwhile, Habba’s appointment remains under review, with her 120-day interim term facing increasing pushback from New Jersey’s Democratic senators, who question both her qualifications and impartiality.