The Justice Department is asking a federal judge to dismiss Newark Mayor Ras Baraka’s lawsuit against former interim U.S. Attorney Alina Habba and a senior Homeland Security official over his arrest outside the Delaney Hall immigration detention center last year.
In a 26-page brief filed in U.S. District Court, federal attorneys argue that Baraka cannot pursue constitutional claims against Habba and Ricky Patel, the special agent in charge of Homeland Security Investigations’ Newark office. They also maintain that the federal government is immune from Baraka’s defamation claims.
Baraka sued after federal agents arrested him at Delaney Hall on May 9, 2025 – a month before the Democratic gubernatorial primary the Newark mayor was running in — and charged him with trespassing. The charge was dismissed less than two weeks later.
His lawsuit alleges that Habba and Patel engineered a politically motivated arrest and prosecution despite knowing that a GEO Group security guard had invited Baraka inside the facility’s outer fence. Baraka says he left the property as Patel instructed and was arrested about five minutes later while standing on public property.
The Justice Department disputes Baraka’s account and says its motion cites allegations in his complaint only because courts generally must accept a plaintiff’s factual assertions at the dismissal stage.
Federal attorneys contend that Patel had probable cause to arrest Baraka because the mayor allegedly remained on the property for about five minutes after being directed to leave.
“Even if Plaintiff eventually complied, his initial failure to do so meant there was probable cause to believe he was trespassing,” Justice Department lawyers said.
They argue that Baraka’s claim that a security guard initially allowed him onto the property is immaterial because any permission ended when Patel ordered him to leave. They also say Patel was not required to accept Baraka’s explanation before making an arrest.
Baraka alleges that roughly 20 armed and masked federal agents confronted him and members of Congress after he exited Delaney Hall. According to the lawsuit, Patel instructed the agents to “take him down,” and Baraka was handcuffed, transported to a federal facility, fingerprinted, photographed, and detained for more than five hours.
The Justice Department says Habba and Patel are protected by qualified immunity because their actions did not violate a constitutional right that was clearly established at the time. Habba also claims absolute prosecutorial immunity for her role in initiating the trespassing case, which federal lawyers characterize as a traditional prosecutorial function.
The government is separately challenging Baraka’s ability to seek damages under Bivens v. Six Unknown Named Agents, the 1971 U.S. Supreme Court decision allowing some lawsuits against individual federal officials for constitutional violations.
Justice Department attorneys argue that Baraka’s case would extend Bivens into a new legal context involving senior federal officials, immigration enforcement, a congressional inspection and a prosecution arising from activity at a federal detention facility.
They maintain that courts should not create such a remedy when Congress has not authorized one and other avenues are available, including inspector-general complaints and administrative civil-rights investigations.
“The allegations in this complaint are exceptionally unusual,” the Justice Department said, describing the case as involving “a high-level immigration official” who arrested “the mayor of a major city” during a congressional inspection of an immigration facility.
Baraka also sued Habba for defamation and false light over statements she made immediately after the arrest.
Before Baraka had been transported from Delaney Hall or formally charged, Habba posted on social media that he had committed trespass, ignored multiple warnings and “willingly chosen to disregard the law.” She later told Fox News that Baraka had refused to leave the facility.
The Justice Department certified that Habba made those statements within the scope of her federal employment. That certification, the government says, substitutes the United States for Habba as the defendant under the Federal Tort Claims Act.
Federal attorneys argue that the claims must nevertheless be dismissed because Baraka failed to exhaust the required administrative process before filing his lawsuit. They also say the United States has not waived its sovereign immunity for defamation claims.
A supporting declaration from a Justice Department employee states that Baraka submitted an administrative tort claim in June 2025, after filing the lawsuit, but the submission was rejected because it did not include evidence that his attorney was authorized to present it.
The government is also seeking dismissal of claims Baraka brought in his official capacity as mayor. Federal attorneys contend those claims are effectively being asserted by the City of Newark and question whether Baraka’s private counsel is authorized to represent the city.
Rep. LaMonica McIver (D-Newark), who was among three members of Congress conducting an oversight visit at Delaney Hall that day, was separately charged with assaulting and interfering with federal officers during the confrontation surrounding Baraka’s arrest.
McIver has pleaded not guilty and maintains that she was performing her congressional oversight duties and attempting to protect Baraka amid the chaotic encounter. Her attorneys have characterized the prosecution as politically motivated
Baraka, who is represented by prominent employment and civil rights attorney Nancy Erika Smith, along with Yael Bromberg, is seeking compensatory and punitive damages, attorneys’ fees and other relief. The case is assigned to U.S. District Judge Brian Martinotti.