Trespassing Charge Against Newark Mayor Dismissed, Prosecutor Says

NEWARK, NJ — Federal prosecutors have dropped a trespassing charge against Newark Mayor Ras Baraka, authorities announced Monday.

Baraka – a candidate for New Jersey governor – was arrested outside of Delaney Hall in Newark on May 9.

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.

The mayor has accused ICE of opening the facility without the necessary permits and refusing to allow city inspectors into the prison.

Pro-immigration activists have been holding a series of protests outside Delaney Hall over the past two weeks – including a demonstration on the day that Baraka was arrested.

Alina Habba, the U.S. Attorney for the District of New Jersey, 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 Trump-appointed 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 have 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)

Article continues below

On Monday, Habba announced that the government is dropping the trespassing charge against Baraka.

“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 charge against U.S. Rep. LaMonica McIver, who was also at the scene on May 9.

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

Baraka issued a statement after learning about the decision to drop the trespassing charge.

"I am glad that the U.S. Attorney has agreed that this case should be dismissed," he wrote. "I have had strong relationships with prior U.S. attorneys, and I plan to speak with the current U.S. attorney about issues on which we can cooperate."

"As to Delaney Hall, I will continue to advocate for the humane treatment of detainees, and I will continue to press the facility to ensure that it is compliant with City of Newark codes and regulations," Baraka added.

The mayor also commented on the assault charge against McIver.

"Congresswoman McIver is a daughter of Newark, past Newark council president, a former student of mine and a dear friend," he said. "I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated."

Send local news tips and correction requests to eric.kiefer@patch.com. Learn more about advertising on Patch here. Find out how to post announcements or events to your local Patch site.