Judge Denies NJ Congresswoman's Bid To Get Assault Charges Dropped After Clash Outside ICE Prison

A judge has denied U.S. Rep. LaMonica McIver’s attempt to have charges dropped after a scuffle outside a federal immigration prison in New Jersey last year, bringing the controversial case a step closer to a potential trial.

McIver, a Democratic congresswoman from the state’s 10th district, faces the possibility of 17 years in prison if she is convicted. She has alleged that the charges are politically motivated.

The clash took place in May 2025 outside Delaney Hall in Newark, the first federal immigration detention center to open under President Donald Trump’s second term.

On May 9, a trio of New Jersey Congress members – McIver, Rep. Bonnie Watson Coleman and Rep. Rob Menendez Jr. – visited Delaney Hall, demanding entry to carry out their “oversight authority” and inspect the prison firsthand. Congress members are legally authorized to enter federal immigration facilities, even without advance notice.

Their visit coincided with a pro-immigration protest – and the arrest of Newark Mayor Ras Baraka.

Homeland Security officials have accused the lawmakers of “storming the gate” at the prison, alleging that McIver slammed her forearm into the body of a law enforcement officer during the chaos and used her forearms to “forcibly strike” a second officer.

McIver has denied the allegations against her, alleging that federal agents needlessly ramped up the confrontation and created chaos. She is also accusing Trump-appointed U.S. Attorney Alina Habba of being motivated politically to pursue the assault charges.

Federal authorities previously shared video footage from the scene and encouraged viewers to “check the tape.”

“Yes, check the tape,” insisted Baraka, sharing footage of the incident (see video below, McIver is wearing a red jacket).

“The aggression was from the people in masks, hiding their identity,” he said. “And the whole world has seen it.”

Charges against Baraka were eventually dropped. No charges have been filed against Watson Coleman and Menendez.

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McIver was indicted in June. She pleaded not guilty to all charges, arguing that her behavior is protected under the Speech and Debate Clause of the U.S. Constitution, which shields lawmakers for activities carried out as part of their legislative duties.

The congresswoman has maintained that legislative oversight of an ICE detention facility like Delaney Hall “can’t be done from behind a desk,” claiming that it’s her duty to visit it, inspect it and “hold those running it accountable for any abuses.”

• See Related: NJ Immigrant Detainee Dies In ICE Custody, Sparking Outcry From Advocates

McIver’s legal team attempted to get the charges dropped. However, a federal judge denied their request on Monday, saying that video footage shows McIver initiated contact with the officer – who was not trying to prevent her from entering the prison at the time.

The congresswoman – a former city council president in Newark – bashed the court’s decision and vowed to “keep standing up to protect our communities.”

“I’m disappointed by [Monday’s] ruling, and remain very concerned about the Trump administration’s efforts to criminalize legislative oversight and operate in the shadows,” McIver said.

“This work is Congress’s job – it’s not ambiguous and it shouldn’t be up for debate,” she insisted.

McIver represents the state's 10th congressional district, which includes the following municipalities: Caldwell, East Orange, Essex Fells, Irvington, Montclair (part), Newark (part), Orange, Verona, West Orange in Essex County; Jersey City (part) in Hudson County; Cranford, Garwood, Hillside, Kenilworth, Linden (part), Roselle, Roselle Park, Union Township in Union County.

• See Related: McIver Wants Assault Charges Dropped, Points To Pardons For Jan. 6 Rioters
• See Related: Attempt To 'Censure' NJ Congresswoman Fails After Clash Outside ICE Prison

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