NJ Congresswoman Battles Federal Assault Charges As She Fights For Re-Election [VIDEO]

Most U.S. Congress members are spending their summers gearing up for the midterm elections. But for LaMonica McIver – who is nearing the end of her second pregnancy – there is also another big priority: avoiding prison.

On Wednesday, an appeals court declined to dismiss federal assault charges against the sitting New Jersey congresswoman, bringing her a step closer to a potential trial. If convicted, she faces up to 17 years in jail.

The charges are linked to a clash that took place last year outside Delaney Hall in Newark, a privately owned prison that houses ICE detainees from across the state.

A trio of Democratic House members – McIver, Bonnie Watson Coleman and Rob Menendez Jr. – visited the prison, demanding entry to carry out their oversight authority and inspect the prison firsthand. Congress members are legally authorized to enter federal immigration facilities, even without advance notice.

Their visit coincided with a heated pro-immigration protest – and the arrest of Newark Mayor Ras Baraka.

Homeland Security officials have accused the lawmakers of “storming the gate,” alleging that McIver slammed her forearm into the body of a law enforcement officer during the chaos and used her forearms to forcibly strike a second officer.

Federal authorities previously shared video footage from the scene and encouraged viewers to “check the tape.”

“Yes, check the tape,” insisted Baraka, sharing footage of the incident.

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

Charges against Baraka were eventually dropped. No charges were filed against Watson Coleman and Menendez.

In the following video shared by Newark Mayor Ras Baraka, U.S. Rep. LaMonica McIver, who is wearing a red jacket, can be seen outside Delaney Hall in Newark, NJ on May 9, 2025 (article continues below):

McIver has denied the accusations from federal prosecutors, alleging that ICE agents needlessly ramped up the confrontation and created chaos. She is also accusing former U.S. Attorney Alina Habba of being motivated politically by the Trump administration to pursue the assault charges.

McIver was indicted in June. She pleaded not guilty to all charges, arguing that her behavior is protected under the Speech and Debate Clause of the U.S. Constitution, which shields lawmakers for activities carried out as part of their legislative duties.

• Related: Congresswoman Wants Charges Dropped, Points To Pardons For Jan. 6 Rioters

According to Wednesday’s ruling from the three-judge panel, McIver was protected from prosecution while she was inspecting the prison – but her intervention in Baraka’s arrest was not.

Despite the ruling, McIver and her attorneys continue to argue that she has “legislative immunity” as a member of Congress performing her duties – which she was doing when she visited Delaney Hall last year.

If a sitting Congress member can face prosecution for trying to do their job, it sets a dangerous precedent, her legal team said.

“To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation,” McIver said.

“I will not fold to this administration,” she insisted. “We are exploring every possible option. The administration will not stop me from doing my job or standing for what is right. This is not over.”

• Related: NJ Lawmakers Clash Over Fate Of ICE Prison After 3 Detainee Deaths

McIver represents the state’s 10^th district (Essex, Hudson, Union counties). She is up for re-election in the November midterm, and faces a challenge from Republican nominee Carmen Bucco.

The congresswoman announced that she is pregnant in May. She and her husband had been trying for a second child since before she was elected to the U.S. House of Representatives, the lawmaker told People.com.

New Jersey’s 10^th district 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.

• Related: McIver Gives NJ-10 ‘State Of District’ Address [VIDEO]

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