NEWARK, N.J. — U.S. Representative LaMonica McIver declared her innocence on Wednesday in response to federal allegations of assault and obstruction concerning an incident with immigration officers at a New Jersey detention center during a scheduled congressional observation.
“They won’t scare me. They can’t stop me from fulfilling my duties,” McIver voiced to reporters outside the Newark courthouse following the brief legal proceeding.
McIver, part of the Democratic Party, faced charges brought by interim U.S. Attorney Alina Habba, assigned by former President Donald Trump. These charges stem from McIver’s oversight visit on May 9 to Delaney Hall, a detention facility managed by Immigration and Customs Enforcement that houses up to 1,000 individuals.
The indictment brought against McIver involves three counts, with two of them accusing her of assault and obstruction of federal officials, potentially resulting in up to eight years in prison each. Additionally, a third count, considered a misdemeanor, carries a maximum one-year imprisonment penalty.
During the proceeding, McIver firmly stated to U.S. District Judge Jamel Semper, “I plead not guilty, Your Honor.” Judge Semper has ordered a trial to commence on November 10.
Following the court session, McIver alerted that adversaries of the Trump administration may find themselves targeted similarly.
McIver’s legal representative, Paul Fishman, a former U.S. Attorney for New Jersey, asserted that McIver’s not guilty plea aligns with the truth of her innocence. He criticized federal agents for allegedly creating an unsafe environment at the detention center.
Alina Habba’s office had not responded to requests for comments by Wednesday.
Supporters of McIver, including her family and political figures like Newark Mayor Ras Baraka, were present during her court appearance. Baraka shared a history of being arrested for trespassing at the same event, though the charges were later retracted. The mayor is currently suing Habba over alleged malicious prosecution, attributing political motives from the Trump administration, accusing them of weaponizing law enforcement for ideological goals.
This legal case against McIver is a significant chapter in an ongoing narrative where Democratic officials from New Jersey’s most populous city are embattled legally by the Trump’s administration’s intensified immigration policies. It’s rare for standing members of Congress to face federal criminal charges unrelated to fraud or corruption.
The Department of Homeland Security released a video timed at nearly two minutes, showing McIver inside a fence at Delaney Hall moments before Baraka’s arrest. The footage captures McIver entering through a gate, mingling in a crowded area with officers and other demonstrators, where at various instances, her elbows appear to contact a uniformed officer.
Police bodycam evidence doesn’t explicitly indicate if her physical interactions were intentional or accidental amid the chaotic scene. The complaints allege she forcefully used her forearm against an officer and tried to physically restrain him.
They also claim she physically shielded Mayor Baraka during his arrest and again acted aggressively toward an officer. Prominent Democrats, including fellow New Jersey Representatives Bonnie Watson Coleman and Rob Menendez, have criticized the accusations as unfounded.
It’s relevant to note that congressional members are legally permitted to access federal immigration facilities without prior notification as part of their oversight duties, as confirmed in a 2019 legislation.
Born in Newark, LaMonica McIver stepped into Congress in September following a special election after Rep. Donald Payne Jr. passed away, and she secured a full term in November. McIver, 39, previously served as Newark City Council President and worked within the public education system.