BREAKING: Feds Drop Charges Against Newark Mayor, Target Congresswoman McIver Despite Lack of Evidence

“This Is Political Retaliation,” She Says

Tonight, in an update on the fallout from the Delaney Hall incident, U.S. Attorney Alina Habba announced that trespassing charges against Newark Mayor Ras Baraka will be dropped, but Representative LaMonica McIver will be charged with assaulting a federal officer under Title 18, U.S. Code § 111(a)(1). The charge stems from a May 9 oversight visit by Democratic lawmakers to the privately run ICE detention center in Newark.

The move has drawn sharp criticism amid growing evidence that the only bodycam footage released does not support allegations that McIver “body-slammed” a female ICE agent, as previously claimed by federal officials. Instead, the video shows McIver pushing past agents in an apparent attempt to assert her legal authority to inspect the facility.

McIver: “This Is Political Retaliation”

Responding to the charges, Representative McIver issued a searing rebuke of the Justice Department’s handling of the incident:

“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. The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”

She earlier described the ICE response as a “blatant abuse of power,” adding:

“Americans should be outraged — democracy demands transparency, not fear and force. No agency and no administration should be allowed to operate in darkness.”

DHS’s Rhetorical Whiplash

Initially, the Department of Homeland Security issued a fiery press release, accusing McIver and fellow Representatives Rob Menendez Jr. and Bonnie Watson Coleman of “storming the gate” and staging a “bizarre political stunt.” The agency’s use of militarized language, typically reserved for violent intrusions, was widely condemned as inappropriate and potentially defamatory.

Since then, however, DHS and ICE officials have walked back those claims, with Acting ICE Director Todd Lyons acknowledging that unannounced visits by Congress are lawful and part of standard oversight responsibilities. That contradiction has only amplified suspicions of political motivation, especially given Habba’s close ties to former President Donald Trump.

See our previous reporting on this incident here:

Legal Experts Cry Foul

Civil liberties advocates say the charges against McIver represent a dangerous precedent.

“This is not just about one member of Congress — this is about the integrity of congressional oversight itself,” said one ACLU attorney. “Charging a lawmaker for attempting to inspect a federally funded facility sends a chilling message about who holds power and who gets punished for asking questions.”

Mayor Baraka, a longtime critic of ICE and the privatized Delaney Hall facility, celebrated the dropping of his charges but warned that the real issue remains unaddressed:

“This is bigger than me. This is about the right to hold institutions accountable, and the Trump administration's attempt to criminalize that accountability. We won’t be silenced.”

What Comes Next

As McIver prepares to defend herself in court, pressure is mounting on Congress to investigate whether federal agencies are being weaponized against members performing their constitutional duties. Lawmakers across the political spectrum will now have to decide: Will they defend oversight power, or allow political prosecutions to redefine the limits of democracy?

Bibliography:

1. AP News. “ICE Head Recognizes Congress’ Role in Visiting Detention Facilities, Even Unannounced.” Associated Press, May 15, 2025.

2. Department of Homeland Security. “Members of Congress Break into Delaney Hall Detention Center.” DHS.gov, May 9, 2025.

3. Judicial Watch. “Judicial Watch Files Ethics Complaint against Members of Congress for Altercation at ICE Detention Facility in Newark, NJ.” JudicialWatch.org, May 19, 2025.

4. New Jersey Globe. “McIver Charged after ICE Center Scuffle; Baraka’s Trespassing Charges Dropped.” New Jersey Globe, May 19, 2025.

5. McIver, LaMonica. “Statement on Her Experience at Delaney Hall and ICE Mistreatment of Mayor Baraka.” McIver.House.gov, May 10, 2025.

6. The Daily Beast. “ICE Barbie Is Now Accusing Dems of ‘Felonies’ Over Detention Center Clash.” The Daily Beast, May 18, 2025.

7. Reuters. “Newark Mayor’s Lawyers Seek Dismissal of Trespass Charge, Say Arrest Was Targeted.” Reuters, May 15, 2025.