DOJ criminally charged Rep. LaMonica McIver over her congressional oversight visit to an ICE detention facility

On June 10, 2025, then-interim U.S. Attorney for New Jersey Alina Habba announced a three-count federal criminal complaint against U.S. Rep. LaMonica McIver (D-NJ), charging her with forcibly impeding and interfering with federal officers. A federal grand jury indicted McIver the following day. The charges stem from a May 9, 2025 congressional oversight visit McIver and other lawmakers made to the Delaney Hall ICE detention facility in Newark, New Jersey; prosecutors allege that as federal officers moved to arrest Newark Mayor Ras Baraka inside the secured area, McIver struck a Homeland Security Investigations agent with her forearm and grabbed him, then pushed past an ICE deportation officer while striking him with her forearms as she moved back toward the facility's secured area. Two counts carry a maximum penalty of eight years in prison each; the third carries up to one year.

McIver has pleaded not guilty. She has called the prosecution "a brazen attempt at political intimidation," saying "the facts of this case will prove I was simply doing my job." Her attorney, Paul Fishman, characterized the charges as political retaliation and said he expects her exoneration. Rep. Ayanna Pressley accused the administration of using "baseless legal tactics to smear & silence this honorable Black Congresswoman."

Updates

2025-11-13 — Judge denied motion to dismiss two of three counts [3]

U.S. District Judge Jamel K. Semper ruled that McIver had not shown her physical opposition to Mayor Baraka's arrest was predominantly a legislative act, writing the charged conduct was not "manifestly legislative" and that she had not met her burden of establishing a legislative purpose. He deferred ruling on the third count pending additional facts. McIver's attorney called the ruling "wrong," saying the administration was treating her differently than allies facing similar conduct.

2025-12-29 — McIver appealed denial to the Third Circuit on immunity grounds [4]

McIver filed a notice of appeal challenging the district court's denial of her motion to dismiss, saying "this appeal is the next step in the fight" against what she called the administration's attempts to silence dissent.

2026-08-26 — Third Circuit declined to dismiss the charges, ruling 2-1 [5]

A three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled that McIver's physical contact with federal agents was "unambiguously non-legislative" and not protected by the Constitution's Speech or Debate Clause, allowing the two most serious counts to proceed toward trial; the panel unanimously returned the third count to the district court for further review. McIver said the court "got it wrong," and her attorney warned that allowing the prosecution to proceed is "too dangerous" for congressional oversight.