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Rep. LaMonica McIver (D-NJ) was hit with a federal indictment for allegedly obstructing Homeland Security agents during the May 9 incident outside a Newark immigration detention facility in a move her attorneys call political payback.
U.S. Attorney Alina Habba announced the three-count indictment, charging McIver with forcibly impeding federal officers during the attempted arrest of Newark Mayor Ras Baraka at the Delaney Hall immigration facility.
According to a DOJ press release, McIver and two other members of Congress were conducting a congressional oversight visit that coincided with an immigration protest. After Baraka entered the facility’s secured area, federal agents warned him to leave.
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Rep. LaMonica McIver, D-N.J., speaks during a news conference with the Congressional Progressive Caucus in the Capitol Visitor Center to oppose Elon Musk gaining access to the Treasury Department’s federal payment system, on Thursday, February 6, 2025. Reps. Glenn Ivey, D-Md., left, and Jared Huffman, D-Calif., also appear. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
When officers tried to arrest him, McIver allegedly blocked them, putting her arms around the mayor, and “slammed her forearm” into one officer while grabbing another.
Each of the first two counts carries a maximum eight-year prison sentence. The third carries up to one year.
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Ras Baraka, Mayor of Newark, speaks at the State of the People Power Tour in Newark, NJ, Tuesday, May 13, 2025. Baraka holds a rally after being arrested at a federal immigration center the week before. (Stephanie Keith for Fox News Digital)
In a statement on X, Habba said: “While people are free to express their views… they must not do so in a manner that endangers law enforcement.”
McIver’s attorney, Paul Fishman, dismissed the case as political in a statement given to Fox News:
“This prosecution is political retaliation against a dedicated public servant… We fully expect the Congresswoman’s exoneration.”
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The preliminary hearing scheduled for Wednesday was canceled. An arraignment is expected within two weeks.