NJ Congresswoman Disputes Charges From Feds After ICE Scuffle

NEW JERSEY — Advocates are accusing a Trump-appointed federal prosecutor of “targeting people of color” and “testing the limits of authoritarianism” after she announced rare criminal charges against a sitting Congress member this week.

Alina Habba, the U.S. Attorney for the District of New Jersey, has accused U.S. Rep. LaMonica McIver (NJ-10) of “assaulting, impeding and interfering with law enforcement” during a confrontation at Delaney Hall in Newark earlier this month.

The 1,000-bed facility at Delaney Hall 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.

>> Read More: Feds Charge NJ Congresswoman With Assault After ICE Prison Protest

Several social justice groups in the Garden State have been rallying in support of McIver, including Make the Road New Jersey, whose members attended a protest on Tuesday outside Habba’s office in Newark.

“Rather than protecting New Jersey residents, the U.S. Justice Department is working to defend billion-dollar corporations responsible for separating our families and destroying communities,” charged the group’s director, Nedia Morsy.

“With this case, Alina Habba is using her position of power to target people of color and testing the limits of authoritarianism in broad daylight,” Morsy added, demanding that federal authorities drop the charges against McIver.

“This is a dangerous escalation meant to silence, control and intimidate,” Morsy said.

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ICE started housing detainees at Delaney Hall on May 1. Pro-immigration activists have been holding a series of protests outside the facility over the past two weeks.

On May 9, three Congress members – McIver, Rep. Bonnie Watson Coleman and Rep. Rob Menendez Jr. – visited Delaney Hall, demanding entry to carry out their “oversight authority” and inspect the situation firsthand.

Congress members are legally authorized to enter federal immigration facilities – even without advance notice.

Homeland Security officials accused the lawmakers of “storming the gate” and breaking into the detention facility. Federal authorities allege that McIver “slammed her forearm” into a Homeland Security agent and forcibly grabbed him.

Homeland Security officials shared video footage from the scene and encouraged viewers to “check the tape.”

“Yes, check the tape,” insisted Newark Mayor Ras Baraka, who was also at the scene. He was eventually arrested and charged with trespassing – a charge that Habba has agreed to drop.

“The aggression was from the people in masks, hiding their identity,” Baraka said. “And the whole world has seen it.”

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

Habba – who has hinted at pending charges in the wake of the incident – announced that McIver has officially been charged with assault on Monday.

She wrote:

“Congressional oversight is an important constitutional function and one that I fully support. However, that is not at issue in this case. Rep. LaMonica McIver assaulted, impeded and interfered with law enforcement in violation of Title 18, United States Code, Section 1 1 1 (a)(1). That conduct cannot be overlooked by the chief federal law enforcement official in the state of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties. I have persistently made efforts to address these issues without bringing criminal charges and have given Rep. McIver every opportunity to come to a resolution, but she has unfortunately declined. No one is above the law — politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are. Now we will let the justice system work.”

No charges have been filed against Watson Coleman and Menendez as of Monday.

McIver called the allegations from the Trump-appointed federal prosecutor “purely political.”

“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” she countered. “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,” McIver continued. “This administration will never stop me from working for the people in our district and standing up for what is right.”

“I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court,” the congresswoman added.

It is rare that a sitting member of Congress has been charged federally on allegations other than fraud or corruption. Many experts say that it represents a potentially precedent-setting struggle between the administration of President Donald Trump and Democratic Party leaders.

McIver represents the state's 10th congressional district, which includes the following municipalities: Caldwell, East Orange, Essex Fells, Irvington, Montclair (part), Newark (part), Orange, Verona, West Orange in Essex County; Jersey City (part) in Hudson County; Cranford, Garwood, Hillside, Kenilworth, Linden (part), Roselle, Roselle Park, Union Township in Union County.

Watson Coleman and Baraka have also disputed federal authorities’ version of events, sharing video footage that they say debunks federal authorities’ claims. Watch clips from Watson Coleman here and here, and see footage released by Baraka below.

Some Republican politicians have been supporting Habba and the Trump administration, including U.S. Rep. Jeff Van Drew, who hosted a House Judiciary hearing on “threats to ICE operations” on Tuesday.

Van Drew – who chaired the president’s re-election campaign in New Jersey last year – said that Delaney Hall houses people charged with serious crimes such as murder. The congressman claimed that detainees at the controversial facility are being “treated with dignity” and are being housed in a place that “exceeds the standards of many of our own U.S. prisons.”

• See Related: Maggots, Squalor For ICE Detainees At 'Inhumane' NJ Jails, Report Says
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Several Democratic elected officials rallied behind McIver after Monday's charges were announced, including U.S. Sens. Cory Booker and Andy Kim, and U.S. Reps. Mikie Sherrill, Josh Gottheimer and Frank Pallone Jr.

New Jersey Lt. Gov. Tahesha Way said she is “deeply concerned” about the charges against McIver.

“Members of Congress have a clear responsibility to conduct oversight of the executive branch,” Way said. “This sets a dangerous precedent that threatens the checks and balances of our Constitution. I stand with Congresswoman McIver and will continue to speak out against this abuse of power.”

New Jersey Assemblywoman Cleopatra Tucker (NJ-28) said McIver, Watson Coleman and Menendez went to the prison on May 9 seeking answers about potential safety issues – but were met with “unnecessary escalation” instead.

Newark Councilman Patrick Council also said he is supporting McIver, calling the charges a “charade of injustice.”

“I am disheartened at the attempts of the federal administration to lie and discredit our congresswoman, who has a right to stand and fight for the district that she serves,” Council said.

A chorus of voices from the state’s advocacy community are also chiming in with support for the congresswoman. They include:

Mike Zamore, national director of policy and government affairs at the ACLU, and Amol Sinha, executive director of ACLU-NJ – “The Trump administration’s political charges against Congresswoman McIver is a method more suited for authoritarianism than American democracy. Elected officials represent the people, not the administration’s interests. They have every right to exercise their legally authorized oversight responsibilities for expanded immigration detention in New Jersey. If the Trump administration can target elected officials who oppose its extreme agenda, it can happen to any one of us. We demand that they drop the charges against Rep. McIver, and we implore her fellow members of Congress to call for the same.”

Lawrence Hamm, chair of the People’s Organization For Progress – “The POP believes that Congresswoman McIver is innocent and that these charges are false. We demand that Habba dismiss these charges against the congresswoman just as she dismissed those against Mayor Ras Baraka. Congresswoman McIver should not have been charged in the first place. She is not the one at fault here. The fault lies with the ICE agents who precipitated the incident. They escalated the event, overreacting with excessive force in a reckless, abusive, and totally unprofessional manner. The ICE agents were armed. Congresswoman McIver, Congresswoman Bonnie Watson-Coleman, Congressman Robert Menedez Jr, and Mayor Baraka were unarmed. The ICE agents created a dangerous situation … We also believe the charges against the congresswoman are politically motivated. McIver, Baraka and other elected officials across the country are being targeted because their policies and positions on immigration are opposed to those of the Trump administration. The filing of these charges against Congresswoman McIver is a grave injustice. In so doing U.S. Attorney Habba is violating her oath of office when she swore to be impartial and to do justice. These charges and the pursuit of Congresswoman McIver in this manner is a waste of taxpayer money. The dismissal of the charges against Mayor Baraka should have been the end of this unfortunate episode.”

New Jersey Citizen Action Executive Director Dena Mottola Jaborska – “The Trump administration's charges against Rep. McIver have nothing to do with justice or the rule of law, and everything to do with intimidating and silencing elected officials who speak out against the war on immigrants and people of color. Her oversight visit that prompted the charges should have been routine, and only turned confrontational because ICE arrested Mayor Ras Baraka, who has since seen his charges dropped. McIver was doing her duty, and we applaud her for standing up to injustice and for vulnerable communities. We urge all our elected officials to do the same.”

David Janovsky, Acting Director of the Constitution Project at the Project on Government Oversight – “The charges against Rep. McIver represent a dangerous escalation of the Trump administration’s efforts to evade oversight and silence dissent. Prosecuting a member of Congress for simply doing their job is not only a blatantly political act, but also a violation of democratic norms. Members of Congress have the right and responsibility to conduct oversight of federal agencies. The law allows them to make unannounced, in-person visits to make sure immigration detention facilities are running properly and safely. In fact, it’s incredibly important that Rep. McIver and other members of Congress conduct oversight over conditions at facilities like Delaney Hall and demand answers for their constituents. Charging a lawmaker for doing their job sets a chilling precedent. In addition to the recent arrests of Newark Mayor Ras Baraka and Wisconsin judge Hannah Dugan, the executive branch is misusing the Justice Department to target public officials and suppress lawful inquiries into government conduct. That is textbook authoritarianism.”

Higher Heights President and CEO Glynda C. Carr – “This is not just about Congresswoman McIver. This is about the dangerous precedent being set that Black women leaders, when standing in defense of their communities, can be shoved, shouted down, and prosecuted. It is about how, time and again, our bodies are policed more harshly, our voices dismissed more quickly, and our leadership met with hostility instead of respect. It is the continuation of a long and violent history of over-policing Black bodies and discrediting Black authority. The Department of Justice may attempt to justify these charges under the guise of law and order, but we see it for what it is: an abuse of power aimed squarely at silencing a Congresswoman who dared to speak up. If visiting a detention facility can get a lawmaker charged, what does that mean for everyday people trying to advocate for their rights and dignity?”

Jorge Torres, National Organizing Director for NDLON – “The Trump regime is lying about what happened on May 9 between federal lawmakers and masked immigration agents outside the Delaney Hall ICE prison in Newark. We condemn the criminal charges against Rep. LaMonica McIver. The U.S. Attorney Alina Habba’s accusations against Ms. McIver – saying she ‘assaulted’ law enforcement – are false.”

Anna Barcy of New Labor – “This public display of violence by those in power is a crude attempt to punish those who are speaking out about the 1000s of kidnappings happening in our communities every day.”

Ana Paola Pazmiño, Executive Director of Resistencia en Acción NJ – “The charges against Rep. McIver are a direct attack on those who defend immigrants in this country. Like many organizations who fight for migrant justice, Rep. McIver is standing up to a fascist government, and we are in full support of her duties to enter detention centers like Delaney Hall.”

Cristian Moreno-Rodriguez, executive director of El Pueblo Unido of Atlantic City – “Rep. McIver is being targeted for exposing the truth about a private detention system built on cruelty, and we call on Alina Habba to drop all charges immediately. We stand with the congresswoman and continue organizing our immigrant families to say enough—we will defend our communities and expose the real threat: a detention system that profits from dehumanizing our people.”

Itzel Hernandez, Immigrant Rights Organizer for American Friends Service Committee – “The charges against Congresswoman McIver, along with the treatment of Mayor Baraka, our state's congressional representatives, and activists, should shake every American to their core. Attempting to intimidate members of Congress for simply doing their jobs is a direct attack on our democracy and it will not work. Congressional oversight of detention facilities has long been a fundamental right. Any federal agency that operates above the law and seeks to evade congressional accountability and scrutiny poses a serious threat to the well-being of every American and our nation. Drop all charges against the Congresswoman.”

Edgar Aquino-Huerta, Community Organizer with CATA – “This isn’t justice, it’s retaliation. They want to punish McIver for standing with the community and challenging ICE’s racist agenda.”

Rosa Santana, co-executive director of Envision Freedom Fund – “The recent retaliation of the federal government against Newark Mayor Ras Baraka and Representative LaMonica McIver is an escalation of a familiar pattern of intimidation and fear used to expand detention and disappear opposition. To see these tactics directed at leaders who are standing up for the rights and safety of their constituents is alarming but not surprising. We will not be bullied into compliance with this presidential administration’s cruel and unjust immigration enforcement. The lives and dignity of our immigrant family members and neighbors are too important.”

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