The incident occurred on May 9 at the Delancey Hall ICE detention facility, which holds nearly 1,000 undocumented migrants.
McIver, along with fellow New Jersey Democratic Representatives Rob Menendez and Bonnie Watson Coleman, and Newark Mayor Ras Baraka, attempted to inspect the facility, triggering a physical confrontation with ICE agents.
While Mayor Baraka was arrested for misdemeanor trespassing—charges later dropped to “move forward”—the DOJ alleges McIver engaged in more serious offenses, including assaulting and obstructing law enforcement officers.
US Attorney Alina Habba emphasized that McIver’s actions “cannot be overlooked,” stating that multiple efforts were made to resolve the matter without criminal charges but were declined by McIver.
🚨 Today my office has charged Congresswoman McIver with violation of Title 18, United States Code, Section 111(a)(1) for assaulting, impeding and interfering with law enforcement. pic.twitter.com/TV00uwRtKq
— US Attorney Habba (@USAttyHabba) May 19, 2025
McIver responded Monday, defending her actions as part of lawful congressional oversight.
She accused ICE of provoking the confrontation by arresting Mayor Baraka, calling the charges “purely political” and intended to criminalize legislative oversight.
“I am thankful for the outpouring of support and look forward to the truth being laid out clearly in court,” McIver said.
My statement on the charges filed against me: pic.twitter.com/urxCAt1ZEc
— Rep. LaMonica McIver (@RepLaMonica) May 20, 2025
The Justice Department has not indicated whether McIver will be taken into custody.
She has also been receiving widespread support from her contemporaries, many of whom are calling the charges filed against her as ‘vindictive’ and ‘baseless.’
Read my statement with @HouseJudiciary Ranking Members on the Department of Justice’s completely unfounded targeting of Congresswoman LaMonica McIver. pic.twitter.com/1xjiPY3vXE
— Rep. Pramila Jayapal (@RepJayapal) May 20, 2025
The only thing Congresswoman LaMonica McIver is guilty of is standing up to Trump’s illegal actions and fighting back against the Administration’s cruel abuses of immigrants. pic.twitter.com/uqV1iWIbPZ
— Congressman Maxwell Alejandro Frost (@RepMaxwellFrost) May 20, 2025
Statement of Attorney General Matthew J. Platkin on Charges Announced by Interim U.S. Attorney. pic.twitter.com/YazwUrBrsX
— Attorney General Matt Platkin (@NewJerseyOAG) May 20, 2025