McIver vows to fight “politically motivated” charges as Democrats accuse DOJ of overreach
Federal prosecutors have charged New Jersey Congresswoman LaMonica McIver with assaulting law enforcement during a tense protest outside a U.S. Immigration and Customs Enforcement (ICE) detention facility, igniting a political firestorm over accountability, oversight, and the boundaries of protest.
Acting U.S. Attorney Alina Habba announced the charges on Monday, accusing McIver of assaulting and impeding officers during a 9 May demonstration outside Delaney Hall in Newark. The protest, which included several Democratic lawmakers and Newark Mayor Ras Baraka, sought to scrutinise ICE’s handling of detainees. According to Habba, the situation escalated into “pushing and shoving,” resulting in McIver allegedly violating Title 18, Section 111 of the U.S. Code.
“Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement,” Habba declared. “This conduct cannot be overlooked. It is my Constitutional obligation to ensure federal officers are protected when executing their duties.”
Habba claimed her office attempted to resolve the issue without prosecution but said McIver declined to cooperate. “No one is above the law—politicians or otherwise,” she added, vowing to let the justice system run its course.
Secretary of Homeland Security Kristi Noem echoed the sentiments, writing on X, “If any person, regardless of political party, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law.”
The fallout has been swift and politically charged. McIver, who represents a district encompassing parts of Newark and surrounding areas, hit back hard at the charges, calling them “purely political” and designed to stifle oversight and dissent.
“The charges against me mischaracterise and distort my actions,” McIver said in a statement. “They are meant to criminalise and deter legislative oversight. This administration will never stop me from standing up for what is right.”
McIver insisted she looks forward to her day in court and expressed gratitude for the widespread support she’s received from constituents and colleagues alike.
Notably, Mayor Ras Baraka, who was also arrested at the protest, has had charges against him dropped. Baraka issued a statement thanking the U.S. Attorney for dismissing the trespassing case against him, but reiterated his support for McIver.
“I want to be clear: I stand with LaMonica,” Baraka posted. “I fully expect her to be vindicated.”
Top House Democrats also came to McIver’s defence in a joint statement, calling the prosecution a politically motivated attack that would be met with a “vigorous” response.
“An attack on one of us is an attack on the American people,” Democratic leaders said. “We will respond at a time, place, and manner of our choosing.”
The lawmakers also pointed to a post-protest facility tour McIver participated in, arguing that her presence inside Delaney Hall undermines the credibility of any claims that she acted violently.
“There is no credible evidence that Rep. McIver engaged in criminal activity,” the statement read. “She would not have been permitted to tour the facility had she done anything wrong.”
McIver’s legal team is preparing for a high-profile defence, with civil liberties groups already expressing concern that the case could set a precedent for curbing legislative oversight and lawful protest.
As the case unfolds, it’s already turning into a flashpoint in the broader debate over immigration enforcement, policing, and the balance of power between elected officials and federal agencies. Whether the courts find McIver guilty or not, her prosecution has galvanised both political allies and critics, putting ICE policies and federal accountability back at the heart of American politics.
