First-term US Congresswoman LaMonica McIver is fighting federal criminal charges that could see her imprisoned for up to 17 years, following a chaotic incident at an immigration detention centre in her New Jersey district. The Democrat, who represents Newark, was charged with assaulting and interfering with federal agents during an oversight visit that turned into a protest.
From Congressional Duty to Criminal Charges
The legal ordeal began on 9 May 2025, when McIver visited Delaney Hall, a detention facility run by US Immigration and Customs Enforcement (ICE). She was conducting an inspection as part of her congressional oversight duties, a right afforded to members of Congress. During the visit, the Mayor of Newark, Ras Baraka, was asked to leave the premises as he is not a member of Congress. His subsequent arrest for trespassing sparked a confrontation.
Federal charging documents allege that individuals, including elected officials, surrounded Baraka to form a "human shield" and that McIver repeatedly shouted "hell no." Video footage shows a chaotic scrum involving protesters, officials, and federal agents. Ten days later, on 19 May, McIver was charged with interfering with an arrest. While charges against Mayor Baraka were dropped, the case against the congresswoman proceeded.
"This is about intimidation. It's about bullying," McIver told the Guardian. "It's about trying to stop our level of government from having oversight and holding this administration accountable."
A Case of Political Retribution?
McIver, a vocal critic of former President Donald Trump, asserts the charges are politically motivated. She argues she was selectively prosecuted for doing her job, noting that Trump has pardoned individuals charged under the same statutes for their roles in the 6 January insurrection. The Trump administration had previously listed McIver on a document referencing "antifa violence," alongside individuals accused of bomb threats and attacks on federal agents.
Following the charges, Trump stated he did not know who McIver was but declared, "the days of woke are over." He added, "That woman was out of control... She was shoving federal agents. The days of that crap are over in this country."
The case has been pursued at significant personal cost to McIver. She has reportedly spent a million dollars on legal representation, raising funds due to ethics rules that prevent her from accepting pro bono help. Some Republican members of Congress, led by Nancy Mace, even sought to expel her following the indictment.
Oversight in the Shadow of a Second Trump Term
The incident highlights the heightened tensions surrounding congressional oversight during Trump's second term. Democratic lawmakers have filed lawsuits to force the administration to allow unfettered access to ICE facilities, where they often document unsafe and unsanitary conditions. McIver, who serves on the homeland security committee, had requested investigations into Delaney Hall. Notably, a month after her visit, four detainees escaped the facility after reportedly kicking through an interior wall.
"I've seen, in my community, moms afraid to pick up their kids, people afraid to go to the doctor," McIver said. "They're terrorizing people on the street based off the color of their skin... we cannot allow ICE to operate in the dark."
A judge has denied motions to dismiss two of the counts against her, finding she had not proven the prosecution was driven by personal animus. A ruling on dismissing the assault charge is pending, and a trial date has not been set. Legal analyst Ankush Khardori, a former federal prosecutor, has written that the government's case appears to be a "dud" and "politically motivated."
Despite the stress of the case and its impact on her family, McIver remains defiant. "Sometimes that comes with a sacrifice, a personal sacrifice," she said, "and I think my constituents want to continue to see me make personal sacrifices to protect them against a very dangerous president and administration."
