A U.S. magistrate judge received the complaint just before New Jersey’s interim U.S. attorney, Alina Habba, announced the charge.
Rep. LaMonica McIver of New Jersey now faces a felony assault charge after allegedly pushing two unnamed Homeland Security agents during a confrontation earlier this month. The altercation took place as three House members attempted to visit an immigration detention center in Newark, according to a court filing made public Tuesday.
The criminal complaint, filed in U.S. District Court in Newark, claims McIver “slammed her forearm” into one agent and “forcibly” grabbed him. It further accuses the Democratic lawmaker of striking another officer with “each of her forearms.” The filing includes images from body cameras worn by officers and surveillance cameras around the facility.
The complaint reached U.S. Magistrate Judge Stacey Adams on Monday night, shortly before Habba shared news of the charge on X, intensifying the dispute between political factions. At the same time, Habba agreed to drop a trespassing charge against Newark Mayor Ras Baraka, a Democrat and gubernatorial candidate.
McIver’s charge carries a maximum sentence of eight years in prison, although federal sentencing guidelines usually recommend less time.
Prosecutors now have 30 days to seek a grand jury indictment.
The court’s announcement came just hours ahead of a House subcommittee hearing focused on “threats to ICE operations,” led by Rep. Jeff Van Drew, a Republican from New Jersey. Referring to the incident, Van Drew said the committee would examine “the actual scuffle itself.”
The events trace back to a May 9 visit to a newly opened ICE facility in Newark by McIver and fellow Democratic Reps. Rob Menendez and Bonnie Watson Coleman. The visit escalated into a confrontation, ending with Baraka’s arrest.
McIver, who insists on her innocence and labels the charges as politically motivated, is expected to appear in federal court soon for a formal hearing.
The charging document offers a new written version of the day’s events, as detailed by Homeland Security special agent Robert Tansey.
Tansey stated Baraka entered the gated area of the detention facility because a guard mistakenly believed he was part of the Congressional group. While Baraka claimed he had been invited, Tansey said the guard misunderstood his presence.
Eventually, officers asked Baraka to leave and informed him that he would be arrested.
POLITICO reporters on the scene saw McIver and Watson Coleman attempting to mediate a discussion between an officer and Baraka inside the gated space. According to Tansey, McIver and the other lawmakers “surrounded the Mayor and prevented [authorities] from handcuffing him and taking him into custody.”
Baraka complied and exited the area, while the lawmakers began walking back toward the facility.
“We will be your eyes and your ears and we will report to you, mayor,” Watson Coleman told Baraka, as tensions appeared to subside.
But moments later, Menendez returned across the parking lot to warn Baraka he still might be arrested. He claimed to have overheard an agent talking on the phone with someone instructing him to detain the mayor. McIver backed up that version of events.
Officers again approached Baraka to arrest him, sparking a chaotic scene. Tansey reported that McIver “hurried outside towards the agents and attempted to thwart the arrest as others yelled ‘circle the mayor.’”
Tansey said McIver and several others formed a “human shield” around Baraka to block the arrest. He alleged that McIver’s effort to stop the detention included slamming her forearm into one agent, grabbing him, and using her arms to strike another.
Menendez issued a statement Monday night saying he saw everything firsthand and believes McIver deserves an apology, not an arrest. “All of us were touched” by federal officers that day, he said, calling what happened to McIver an “assault.”
Speaking with reporters Tuesday morning, McIver said, “I’m looking forward to my day in court.” In an earlier CNN interview, she described the Trump administration’s actions as “political intimidation.” When asked whether she had considered a plea deal, McIver said she’s “open to having conversations” but refuses to “roll over and stop doing my job.”
“The Justice Department and Alina Habba wanted me to admit to doing something that I did not do, and I was not going to do that,” McIver said.
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