New Jersey Mayor Sues Feds After Controversial Arrest Outside ICE Prison

NEWARK, NJ — Newark Mayor Ras Baraka has filed a lawsuit against federal officials in the wake of his arrest outside of a controversial ICE detention facility in New Jersey.

Baraka – a candidate for New Jersey governor – was arrested outside of Delaney Hall in Newark on May 9. Federal prosecutors announced they were dropping the charges last month, 13 days after filing them.

Baraka announced his lawsuit on Tuesday at a news conference, including claims of “false arrest, malicious prosecution and defamation” against Alina Habba, the U.S. Attorney for the District of New Jersey, and U.S. Department of Homeland Security special agent Ricky Patel.

View the full complaint online here.

Meanwhile, Habba offered a tongue-in-cheek comment about the “shocking leak” from Baraka’s team the day before his press conference.

“My advice to the mayor – feel free to join me in prioritizing violent crime and public safety,” Habba quipped on social media. “Far better use of time for the great citizens of New Jersey.”

• See Related: Newark Mayor Arrested Protesting New ICE Detention Facility
• See Related: NJ Mayor: Videos Show I Didn’t ‘Storm’ ICE Detention Center (WATCH)
• See Related: Trespassing Charge Against Newark Mayor Dismissed, Prosecutor Says

Officials with ICE announced plans to reopen Delaney Hall earlier this year. The 1,000-bed facility is the first federal detention center to open under President Donald Trump’s second term. It is run by the GEO Group, one of the largest private prison companies in the world. The move allows ICE to expand its detention and deportation capacity in the Northeast region of the country.

ICE started housing detainees at Delaney Hall on May 1. Shortly afterwards, the mayor accused ICE of opening the facility without the necessary permits and refusing to allow city inspectors into the prison.

Pro-immigration activists held a series of protests outside Delaney Hall – including a demonstration on the day that Baraka was arrested. See Related: More Arrests At ICE Prison After Mayor Taken Into Custody

Habba, who was appointed to her post earlier this year by President Donald Trump, previously accused Baraka of trespassing and ignoring multiple warnings from Homeland Security Investigations to remove himself from the scene.

“He has willingly chosen to disregard the law,” the federal prosecutor said. “That will not stand in this state. He has been taken into custody.”

“No one is above the law,” Habba insisted.

Baraka and his supporters disputed the claims from federal authorities. The mayor shared a key clip of video footage, which he said shows the moment that he was “invited” into Delaney Hall.

“Nobody was kicking or shoving like the coverage suggests,” he said. “We were invited in.”

>> Read More: NJ Mayor: Videos Show I Didn’t ‘Storm’ ICE Detention Center (WATCH)

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Last month, Habba announced that the government is dropping the trespassing charge against Baraka. Read More: Trespassing Charge Against Newark Mayor Dismissed, Prosecutor Says

“After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” she wrote.

“In the spirit of public interest, I have invited the mayor to tour Delaney Hall,” Habba continued. “The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand. The citizens of New Jersey deserve unified leadership so we can get to work to keep our state safe.”

“The dismissal against the mayor is not the end of this matter,” Habba said, adding that the U.S. Justice Department has filed an assault charges against U.S. Rep. LaMonica McIver, who was also at the scene on May 9.

McIver has likewise disputed the allegations from the U.S. Attorney's Office. She supported Baraka's lawsuit on Tuesday, alleging that “it is beyond clear that there was never any legal or factual basis to arrest or charge him.”

• Read More: Feds Charge Rep. McIver With Assault After ICE Prison Protest
• Read More: NJ Congresswoman Disputes Charges From Feds After ICE Scuffle

SUING THE FEDS

Baraka’s lawsuit accuses Habba and Patel of acting outside the scope of their legal authority and “publicly humiliating” him during a visit that was done with “peaceful” intentions.

The lawsuit specifically cites a post that Habba made from her personal X account on May 9, alleging that it is “false and defamatory.”

The complaint also alleges that Patel ordered DHS agents to “take [Baraka] down,” and accuses federal agents of “pushing, shoving and assaulting the mayor’s security team and members of Congress before violently pulling Baraka's arms and arresting him without probable cause.”

“Alina Habba and I agree on one thing: no one is above the law,” said Nancy Erika Smith, of Smith Mullin, the attorney representing Mayor Baraka.

“This administration is clearly targeting Democratic elected officials with abuse and phony charges in an effort to instill fear,” Smith alleged.

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