Rep. LaMonica McIver, D-N.J., with Rep. Rob Menendez and Rep. Bonnie Watson Colemen holds a press conference on May 9, 2025 after Newark Mayor Ras Baraka was arrested while protesting at Delancey Hall ICE detention prison, in Newark, N.J.Angelina Katsanis / AP file

By Raquel Coronell Uribe and Ryan J. Reilly, NBC News

WASHINGTON — The Justice Department has filed charges against a Democratic member of Congress, alleging that she assaulted law enforcement officers during a protest outside an immigration detention facility in New Jersey earlier this month. 
Rep. LaMonica McIver, D-N.J., faces two counts of assaulting, resisting, and impeding law enforcement officials in connection with an incident at an Immigration and Customs Enforcement facility in Newark, according to court documents made public on Tuesday. 
Interim U.S. Attorney for New Jersey Alina Habba, who served as Trump’s personal attorney and previously worked as counselor to the president, announced the charges against McIver on X on Monday night, before they were made public. On Tuesday, McIver told NBC News that she had learned of the charges on social media after Habba posted about them. 
“It’s political intimidation, and I’m looking forward to my day in court,” she said Tuesday. McIver had called the charges “purely political” in a statement on Monday night and said she looked forward “to the truth being laid out clearly in court.”
“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district. We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short. Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka,” she said. 
Deputy Attorney General Todd Blanche backed Habba’s statement, writing on X that “assaults on federal law enforcement will not be tolerated.”
Habba also said her office had dropped trespassing charges against Newark Mayor Ras Baraka, a candidate for New Jersey governor who was arrested on May 9, the day McIver and two other House Democrats were at the facility. “After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” Habba said.
An affidavit by Homeland Security Investigations Special Agent Robert Tansey said that McIver made physical contact with another Homeland Security Investigations special agent as well as an Immigration and Customs Enforcement deportation officer when they protested Baraka’s removal.
An affidavit by Homeland Security Investigations Special Agent Robert Tansey said that McIver made physical contact with another Homeland Security Investigations special agent as well as an Immigration and Customs Enforcement deportation officer when they protested Baraka’s removal.
Baraka was arrested during a chaotic scene that involved a protest outside the ICE detention center in Newark known as Delaney Hall. McIver was one of three Democratic members of the New Jersey congressional delegation present who have repeatedly said they were on site to inspect the facility in their capacity as lawmakers conducting federal oversight.
Trump administration officials have accused the lawmakers of “storming into” the facility. “Members of Congress are not above the law and cannot illegally break into detention facilities,” Assistant Homeland Security Secretary Tricia McLaughlin said May 9.
Homeland Security Secretary Kristi Noem argued Monday night in a statement on X that “a thorough review of the video footage of Delaney Hall and a full investigation” by her department supported the charge against McIver.
House Democratic leaders condemned the charges against McIver in a joint statement Monday night, calling them “morally bankrupt” and saying they lacked “any basis in law or in fact.”
“By visiting the detention center in Newark, Rep. McIver and two other Members of Congress were upholding their oath of office. They didn’t assault anyone, but were themselves aggressively mistreated by illegally masked individuals,” said House Minority Leader Hakeem Jeffries of New York and Reps. Katherine Clark of Massachusetts, Pete Aguilar and Ted Lieu of California and Joe Neguse of Colorado.
“The proceeding initiated by the so-called U.S. Attorney in New Jersey is a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch,” they said, adding that House Democrats will “respond vigorously in the days to come at a time, place and manner of our choosing.”