A federal prosecutor announced Monday evening that the government will drop trespassing charges against Newark Mayor Ras Baraka stemming from a standoff outside a migrant detention facility, but charged Rep. LaMonica McIver with assault for that same incident.
McIver, a Newark Democrat, visited the newly reopened Delaney Hall migrant detention center in her hometown with two other Democrats for an oversight visit. At one point during the visit, federal police decided to arrest Baraka, who also asked to access the facility, on the grounds of trespassing. While approaching to arrest the mayor, a small scuffle broke out.
Interim U.S. Attorney Alina Habba alleges McIver committed assault and impeded law enforcement during the fight.
“Congressional oversight is an important constitutional function and one that I fully support. However, that is not at issue in this case,” Habba wrote. “Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement in violation of Title 18, United States Code, Section 111(a)(1). That conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties.”
In a statement, McIver called the charges against her politically motivated and distorted.
“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,” McIver said. “Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka. The charges against me are purely political — they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”
Two other Democratic members of Congress who were also on the visit — Reps. Rob Menendez (D-Jersey City) and Bonnie Watson Coleman (D-Ewing) — do not face charges. A Department of Homeland Security spokesperson had earlier threatened to arrest Watson Coleman and Menendez as well.
The three representatives have alleged that federal law enforcement was the aggressor in the situation, and video footage of the incident shows the scuffle to have been a general scramble — one in which no one seems to have been injured.
McIver forcefully attempted to protect Baraka both physically and verbally as he was led away, likely forming the basis for charges against her, though claims from some Republicans that she body-slammed or punched ICE officers are more dubious based on the footage available. (Menendez and the 80-year-old Watson Coleman were also involved in the melee, but there’s less video evidence of them physically engaging with agents, perhaps explaining the Justice Department’s focus on McIver.)
The members of Congress were granted access to Delaney Hall, a 1,100-bed facility in the East Ward of Newark that began housing immigrant detainees at the beginning of this month, for an oversight visit. Baraka has argued that Delaney Hall is operating illegally; the city of Newark is suing GEO Group, the private-prison company that operates Delaney Hall, alleging the company hasn’t obtained the necessary certificates to open the building. That lawsuit is ongoing.
The New Jersey Globe reported last week that McIver was set to be charged.
Baraka has said the charges of trespassing against him were politically motivated and baseless. He released video footage last week that showed Delaney Hall officials allowing the mayor into the gates of the facility. The mayor said he left the center when asked minutes later, and photographs from the Jersey Vindicator appear to confirm that timeline. The arrest of Baraka, who is running to succeed term-limited Gov. Phil Murphy, garnered headlines from across the country.
“After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” Habba said in a letter. “In the spirit of public interest, I have invited the mayor to tour Delaney Hall. The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand.”
Baraka said that he was glad to see his charges dismissed, and that he hopes to have discussions with Habba “about issues on which we can cooperate” in the future. He added, however, that he still stands with McIver amid her own looming legal battle.
“I understand that the U.S. Attorney has chosen to charge Congresswoman LaMonica McIver with assaulting law enforcement,” Baraka said. “Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend. I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated.”
Habba said she had reached out to McIver to find a “resolution,” but said the congresswoman declined.
“I have persistently made efforts to address these issues without bringing criminal charges and have given Representative McIver every opportunity to come to a resolution, but she has unfortunately declined,” Habba wrote. “No one is above the law — politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are. Now we will let the justice system work.”
Prosecutors and attorneys for Baraka met for a status conference last week and agreed to aim for a mid-July trial — those plans are now null. During that conference, a prosecutor said there was evidence Baraka ignored a demand to leave, claims Baraka’s attorneys wholly rejected.
Federal immigration authorities in February signed a 15-year contract to use the facility for about $60 million per year. The facility opened May 1, about a month ahead of initial estimates.
Baraka first demanded access to the facility five days after it opened, and continued visiting the facility in the weeks that followed.
The charges against McIver – much like Baraka’s arrest earlier this month – have brought swift blowback from Democrats both in New Jersey and nationally, with House Democratic leaders calling them “extreme, morally bankrupt, and lack[ing] any basis in law or fact.”
“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,” House Minority Leader Hakeem Jeffries and his leadership team said in a statement. “House Democrats will not be intimidated by the Trump administration. Not today. Not ever.”
Joey Fox contributed reporting. This story is developing and has been updated.
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July 1, 2022