NEWARK, N.J. — Newark Mayor Ras Baraka began legal proceedings against New Jersey’s leading federal prosecutor Tuesday, citing political motivations tied to his arrest on trespassing charges at a federal immigration detention center. Mayor Baraka, a prominent figure in New Jersey and a Democratic candidate vying for the governorship, stated the charges were maliciously pursued by the Trump-appointed attorney.
The lawsuit was filed against Alina Habba, the interim U.S. Attorney for New Jersey, coinciding with the commencement of early in-person voting. The legal suit includes claims for “false arrest and malicious prosecution,” alongside accusations of defamation due to comments made by Habba, even though the charges against Baraka were subsequently dismissed.
A post on social media by Habba accused Baraka of “committed trespass”; the lawsuit claims these remarks were defamatory and sanctioned an unjust arrest, despite evidence showcasing Baraka’s innocence regarding the offense. Ricky Patel, the Homeland Security Investigations lead agent in Newark, was also named in the suit. Baraka’s attorney, Nancy Erika Smith, mentioned the intention to sue President Donald Trump’s administration, albeit needing to wait six months due to legal requirements.
“This isn’t about getting back at anyone,” Baraka expressed during a press briefing. “Ultimately, this seeks accountability for what occurred to me.” Attempts to secure comments from Habba’s office and the Department of Homeland Security, where Patel is employed, remained unanswered.
The incident at Delaney Hall immigration detention center has sparked considerable fallout. On May 9th, during Baraka’s attempt to join three Democratic Congress members for an oversight tour at the facility—a legally sanctioned visit—he was turned away. Baraka, an outspoken adversary of Trump’s stringent immigration policies and the center itself, found himself in a controversial arrest that was partially captured on video. These recordings show Baraka moving from within the facility’s fence to a public street where other protests were taking place, followed by officials arresting him despite dissenting voices urging protective measures for the mayor. Afterward, the trespassing charge against Baraka was dropped, with Congresswoman McIver instead facing charges related to her actions at the gate.
U.S. Magistrate Judge Andre Espinosa criticized Habba’s office for the arrest and the decision to dismiss charges soon after. “The prompt arrest of Mayor Ras Baraka of Newark, concluded with the swift dropping of these trespassing charges mere days later, reflects a concerning oversight from your office,” he wrote.
McIver, who stands charged, has condemned the actions against her and is preparing a defense. The initial hearing is scheduled for later in the month. Baraka denounced the scrutiny and narrative he had to maintain to clear his name. “An apology, an acknowledgment that this course of action was wrong is the least to be expected,” Baraka demanded.
The newly inaugurated Delaney Hall is a 1,000-bed immigration detention facility. Managed by Geo Group Inc., a Florida-based company, the center was opened with a lucrative 15-year contract originally valued at $1 billion. The establishment was part of broader federal efforts to expand nationwide detention capacity.
In response to these developments, Baraka filed a lawsuit against Geo soon after their contract realization. Concurrently, the Trump Justice Department initiated legal action against Newark and additional New Jersey municipalities over so-called sanctuary policies that prevent local law enforcement from aiding federal immigration authorities—primarily focused on civil cases rather than criminal enforcement. New Jersey’s Attorney General maintains a directive preventing local police from engaging in federal civil immigration matters, notwithstanding exceptions involving criminal warrants.
The impact of Baraka’s advocacy and legal battles on his gubernatorial campaign remains uncertain. At present, he is one of six Democratic contenders in the June 10 election, contending to replace the outgoing Democratic Governor Phil Murphy. As Baraka noted, the lawsuit’s timing aims to advance judicial proceedings without delay, addressing the arrest’s distraction from campaign activities.
Through a campaign video, Baraka emphasized economic affordability, echoing a popular theme among competitors, with promises to reduce taxes, albeit immigration issues and the detention center are not explicitly addressed. Conversely, Trump has endorsed Jack Ciattarelli, a Republican gubernatorial hopeful committed to revoking all sanctuary declarations his first executive order if elected.