Acting U.S. Attorney for the District of New Jersey Alina Habba announced criminal charges against Rep. LaMonica McIver on Monday, alleging that the congresswoman assaulted and interfered with federal law enforcement officers during an incident outside the Delaney Hall immigration detention facility earlier this month.

At the same time, Habba confirmed that a related trespassing charge against Newark Mayor Ras Baraka has been dismissed.

According to a letter shared by Habba on social media, McIver is charged under Title 18, U.S. Code, Section 111(a)(1), which pertains to assaulting, resisting, or impeding federal officers.

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“Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement,” Habba stated.

“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.”

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McIver issued a response on social media, defending her actions and characterizing the charges as politically motivated.

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“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” McIver wrote.

“We were fulfilling our lawful oversight responsibilities… 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.”

McIver went on to say, “The charges against me are purely political – they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”

She also said she looked forward to the matter being resolved in court.

The Department of Homeland Security (DHS) weighed in on the situation. DHS Secretary Kristi Noem issued a statement supporting the charges against McIver.

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“No one is above the law,” Noem said.

“If any person… assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law. We thank our brave ICE law enforcement officers for their service to this great nation.”

Fox News reported that McIver faces multiple felony charges and is expected to turn herself in.

The timing and terms of her surrender will be decided by a magistrate judge.

Habba also used her statement to confirm that she will not be pursuing charges against Newark Mayor Ras Baraka, who had initially been cited for misdemeanor trespassing during the same incident.

The Delaney Hall facility is operated by the GEO Group, a private corrections company.

Baraka appeared in court last Thursday in connection to the original charge, and Habba was present during the hearing.

On Monday, Baraka released a statement expressing relief that the case against him was dropped.

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“I am glad that the U.S. Attorney has agreed that this case should be dismissed,” Baraka said.

He also indicated he would be open to working with federal authorities on other matters and reiterated his commitment to advocating for “the humane treatment of detainees” at Delaney Hall.

Baraka acknowledged the charges filed against McIver and voiced support for her.

“Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend. I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated.”

According to DHS officials, the confrontation occurred when Baraka, McIver, Rep. Robert Menendez Jr., and Rep. Bonnie Watson Coleman approached the facility with protesters.

When the gates to the facility opened for an ICE bus, the officials allegedly rushed past security personnel and entered the premises.

DHS Assistant Secretary Tricia McLaughlin criticized the incident during an interview on Fox News Live.

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“If it was a typical U.S. citizen… they would be arrested,” McLaughlin said.

“Just because you are a member of Congress or… a public official, does not mean you are above the law.”

In contrast, McIver accused ICE agents of escalating the situation.

“The way we were treated at Delaney Hall is almost unbelievable,” she posted on X last week.

“ICE shoved me, manhandled [Watson Coleman], and arrested [Baraka]… They disrespected us and tried to stop us from conducting the oversight we’re elected to do.”

Delaney Hall, which recently began operating as an immigration detention center, has drawn protest from activists claiming it lacks a valid certificate of occupancy.

The city has supported those concerns, while the GEO Group has maintained it is in compliance with all city regulations.

Following the protests, security measures were increased at the facility, including the placement of yellow barricades and warning signs near its entrance.

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